OCCUPATIONS CODE
CHAPTER 53. CONSEQUENCES OF CRIMINAL CONVICTION
SUBCHAPTER A. GENERAL PROVISIONS
§ 53.001. APPLICABILITY OF CERTAIN DEFINITIONS. The
definitions provided by Chapter 2001, Government Code, apply to
this chapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 53.002. APPLICABILITY OF CHAPTER. This chapter does
not apply to:
(1) the Supreme Court of Texas, a person licensed
under the court's authority on behalf of the judicial department of
government, or an applicant for a license issued under the court's
authority on behalf of the judicial department of government;
(2) a peace officer or an applicant for a license as a
peace officer described by Article 2.12, Code of Criminal
Procedure; or
(3) a person who:
(A) is licensed by the Texas State Board of
Medical Examiners, the Texas State Board of Pharmacy, the State
Board of Dental Examiners, or the State Board of Veterinary Medical
Examiners; and
(B) has been convicted of a felony under Chapter
481 or 483 or Section 485.033, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. INELIGIBILITY FOR LICENSE
§ 53.021. AUTHORITY TO REVOKE, SUSPEND, OR DENY
LICENSE. (a) A licensing authority may suspend or revoke a
license, disqualify a person from receiving a license, or deny to a
person the opportunity to take a licensing examination on the
grounds that the person has been convicted of a felony or
misdemeanor that directly relates to the duties and
responsibilities of the licensed occupation.
(b) A license holder's license shall be revoked on the
license holder's imprisonment following a felony conviction,
felony community supervision revocation, revocation of parole, or
revocation of mandatory supervision.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 53.022. FACTORS IN DETERMINING WHETHER CONVICTION
RELATES TO OCCUPATION. In determining whether a criminal
conviction directly relates to an occupation, the licensing
authority shall consider:
(1) the nature and seriousness of the crime;
(2) the relationship of the crime to the purposes for
requiring a license to engage in the occupation;
(3) the extent to which a license might offer an
opportunity to engage in further criminal activity of the same type
as that in which the person previously had been involved; and
(4) the relationship of the crime to the ability,
capacity, or fitness required to perform the duties and discharge
the responsibilities of the licensed occupation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO
CONSIDER. (a) In determining the fitness to perform the duties
and discharge the responsibilities of the licensed occupation of a
person who has been convicted of a crime, the licensing authority
shall consider, in addition to the factors listed in Section
53.022:
(1) the extent and nature of the person's past criminal
activity;
(2) the age of the person when the crime was committed;
(3) the amount of time that has elapsed since the
person's last criminal activity;
(4) the conduct and work activity of the person before
and after the criminal activity;
(5) evidence of the person's rehabilitation or
rehabilitative effort while incarcerated or after release; and
(6) other evidence of the person's fitness, including
letters of recommendation from:
(A) prosecutors and law enforcement and
correctional officers who prosecuted, arrested, or had custodial
responsibility for the person;
(B) the sheriff or chief of police in the
community where the person resides; and
(C) any other person in contact with the
convicted person.
(b) The applicant has the responsibility, to the extent
possible, to obtain and provide to the licensing authority the
recommendations of the prosecution, law enforcement, and
correctional authorities as required by Subsection (a)(6).
(c) In addition to fulfilling the requirements of
Subsection (b), the applicant shall furnish proof in the form
required by the licensing authority that the applicant has:
(1) maintained a record of steady employment;
(2) supported the applicant's dependents;
(3) maintained a record of good conduct; and
(4) paid all outstanding court costs, supervision
fees, fines, and restitution ordered in any criminal case in which
the applicant has been convicted.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 53.024. PROCEEDINGS GOVERNED BY ADMINISTRATIVE
PROCEDURE ACT. A proceeding before a licensing authority to
establish factors required to be considered under this subchapter
is governed by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 53.025. GUIDELINES. (a) Each licensing authority
shall issue guidelines relating to the practice of the licensing
authority under this chapter. The guidelines must state the
reasons a particular crime is considered to relate to a particular
license and any other criterion that affects the decisions of the
licensing authority.
(b) A state licensing authority that issues guidelines
under this section shall file the guidelines with the secretary of
state for publication in the Texas Register.
(c) A local or county licensing authority that issues
guidelines under this section shall post the guidelines at the
courthouse for the county in which the licensing authority is
located or publish the guidelines in a newspaper having countywide
circulation in that county.
(d) Amendments to the guidelines, if any, shall be issued
annually.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER C. NOTICE AND REVIEW OF SUSPENSION, REVOCATION, OR
DENIAL OF LICENSE
§ 53.051. NOTICE. A licensing authority that suspends
or revokes a license or denies a person a license or the opportunity
to be examined for a license because of the person's prior
conviction of a crime and the relationship of the crime to the
license shall notify the person in writing of:
(1) the reason for the suspension, revocation, denial,
or disqualification;
(2) the review procedure provided by Section 53.052;
and
(3) the earliest date the person may appeal the action
of the licensing authority.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 53.052. JUDICIAL REVIEW. (a) A person whose license
has been suspended or revoked or who has been denied a license or
the opportunity to take an examination under Section 53.021 and who
has exhausted the person's administrative appeals may file an
action in the district court in the county in which the licensing
authority is located for review of the evidence presented to the
licensing authority and the decision of the licensing authority.
(b) The petition for an action under Subsection (a) must be
filed not later than the 30th day after the date the licensing
authority's decision is final and appealable.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
