2005 Texas Occupations Code CHAPTER 53. CONSEQUENCES OF CRIMINAL CONVICTION

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.