Relating to the revocation of an occupational license from certain license holders and the issuance of a provisional occupational license to certain applicants with criminal convictions.

89(R) HB 3673 - House Committee Report version - Bill Text

89R15672 RAL-D

By: Cook, Noble, Phelan, Howard, Canales,

H.B. No. 3673

et al.

Substitute the following for H.B. No. 3673:

By: Wharton

C.S.H.B. No. 3673

A BILL TO BE ENTITLED

AN ACT

relating to the revocation of an occupational license from certain

license holders and the issuance of a provisional occupational

license to certain applicants with criminal convictions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 53.021(b), Occupations Code, is amended

to read as follows:

(b) A license holder's license shall be revoked on the

license holder's imprisonment following a
:

(1)
felony conviction
for:

(A)

an offense that directly relates to the

duties and responsibilities of the licensed occupation;

(B)

an offense listed in Article 42A.054, Code of

Criminal Procedure; or

(C)

a sexually violent offense, as defined by

Article 62.001, Code of Criminal Procedure;

(2)
[
,
] felony community supervision revocation
;

(3)
[
,
] revocation of parole
;
[
,
] or

(4)
revocation of mandatory supervision.

SECTION 2. Section 53.0211, Occupations Code, is amended by

amending Subsections (b) and (c) and adding Subsections (b-1) and

(h) to read as follows:

(b) Notwithstanding any law other than Subsection (a) and

unless the applicant has been convicted of an offense described by

Section 53.021(a), a licensing authority shall issue to an

otherwise qualified applicant who has been convicted of an offense:

(1) the license for which the applicant applied; or

(2) a provisional license
under Subsection (b-1) valid

for a term of 12 months
[
described by Subsection (c)
].

(b-1)

A licensing authority may issue a provisional license

to an applicant who:

(1) is:

(A)

an inmate imprisoned in the Texas Department

of Criminal Justice; or

(B)

a person released on parole or mandatory

supervision and residing at a place described by Section 508.118 or

508.119, Government Code; and

(2)

is enrolled in or has completed an educational

program offered by:

(A) the Windham School District; or

(B)

an institution of higher education, as

defined by Section 61.003, Education Code.

(c)
The term of a provisional license issued to an applicant

who is an inmate imprisoned in the Texas Department of Criminal

Justice begins on the date the applicant is released
[
A licensing

authority may issue a provisional license for a term of six months

to an applicant who has been convicted of an offense
].

(h)

On request of a licensing authority, the Texas

Department of Criminal Justice shall provide to the licensing

authority information regarding an applicant who is an inmate

imprisoned in the Texas Department of Criminal Justice for purposes

of determining the inmate's eligibility for a license.

SECTION 3. Section 508.313(c), Government Code, is amended

to read as follows:

(c) The department, on request or in the normal course of

official business, shall provide information that is confidential

and privileged under Subsection (a) to:

(1) the governor;

(2) a member of the board or a parole commissioner;

(3) the Criminal Justice Policy Council in performing

duties of the council under Section 413.017; [
or
]

(4)
a licensing authority requesting information

concerning an inmate or releasee who has submitted an application

for an occupational license to the licensing authority; or

(5)
an eligible entity requesting information for a

law enforcement, prosecutorial, correctional, clemency, or

treatment purpose.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.