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AN ACT
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relating to notice to applicants to and enrollees in certain |
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educational programs regarding the consequences of a criminal |
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conviction on eligibility for an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 53, Occupations Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. NOTICE OF POTENTIAL INELIGIBILITY FOR LICENSE |
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Sec. 53.151. DEFINITIONS. Notwithstanding Section 53.001, |
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in this subchapter, "licensing authority" and "occupational |
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license" have the meanings assigned to those terms by Section |
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58.001. |
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Sec. 53.152. NOTICE BY ENTITIES PROVIDING EDUCATIONAL |
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PROGRAMS. (a) An entity that provides an educational program to |
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prepare an individual for issuance of an initial occupational |
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license shall notify each applicant to and enrollee in the |
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educational program of: |
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(1) the potential ineligibility of an individual who |
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has been convicted of an offense for issuance of an occupational |
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license on completion of the educational program; |
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(2) the current guidelines issued under Section 53.025 |
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by any licensing authority that may issue an occupational license |
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to an individual who completes the educational program; |
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(3) any other state or local restriction or guideline |
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used by a licensing authority described by Subdivision (2) to |
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determine the eligibility of an individual who has been convicted |
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of an offense for an occupational license issued by the licensing |
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authority; and |
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(4) the right to request a criminal history evaluation |
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letter under Section 53.102. |
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(b) The entity shall provide the notice required under |
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Subsection (a) to each applicant and enrollee regardless of whether |
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the applicant or enrollee has been convicted of an offense. |
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Sec. 53.153. REFUND AND ORDERED PAYMENTS. A licensing |
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authority that determines that an entity regulated by the licensing |
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authority has failed to provide the notice required by Section |
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53.152 to an individual entitled to receive the notice and that the |
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individual's application for an occupational license for which the |
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entity's educational program prepares the individual was denied |
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because the individual has been convicted of an offense shall order |
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the entity to: |
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(1) refund the amount of any tuition paid by the |
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individual to the entity; and |
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(2) pay to the individual an amount equal to the total |
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of the following, as applicable: |
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(A) the amount of any application fees paid by |
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the individual to the licensing authority; and |
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(B) the amount of any examination fees paid by |
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the individual to the licensing authority or an examination |
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provider approved by the licensing authority. |
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SECTION 2. Section 53.152, Occupations Code, as added by |
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this Act, applies only with respect to: |
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(1) an individual who is enrolled in an educational |
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program subject to that section on or after the effective date of |
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this Act; and |
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(2) an applicant for enrollment in an educational |
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program subject to that section who applies for enrollment in the |
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program on or after that date. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1508 was passed by the House on April |
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13, 2017, by the following vote: Yeas 131, Nays 7, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1508 on May 26, 2017, by the following vote: Yeas 134, Nays 7, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1508 was passed by the Senate, with |
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amendments, on May 24, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |