Title OC, Occupations Code

Sec. 53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR CRIMINAL CONVICTIONS. (a) This section does not apply to an applicant for a license that would allow the applicant to provide: (1) law enforcement services; (2) public health, education, or safety services; or (3) financial…

Sec. 53.022. FACTORS IN DETERMINING WHETHER CONVICTION DIRECTLY RELATES TO OCCUPATION. In determining whether a criminal conviction directly relates to the duties and responsibilities of a licensed occupation, the licensing authority shall consider each of the following factors: …

Sec. 53.023. ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO OCCUPATION. (a) If a licensing authority determines under Section 53.022 that a criminal conviction directly relates to the duties and responsibilities of a licens…

Sec. 53.0231. NOTICE OF PENDING DENIAL OF LICENSE. (a) Notwithstanding any other law, a licensing authority may not deny a person a license or the opportunity to be examined for a license because of the person's prior conviction of an offense unless the licensing authority: (1) p…

Sec. 53.0232. LIMITATION REGARDING CONSIDERATION OF CERTAIN ARRESTS. For purposes of determining a person's fitness to perform the duties and discharge the responsibilities of the licensed occupation, a licensing authority may not consider an arrest that did not result in the per…

Sec. 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, Sec. 1, eff. Sept. 1, 199…

Sec. 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 th…

Sec. 53.026. APPLICANT BEST PRACTICES GUIDE. (a) The state auditor shall, in collaboration with licensing authorities, develop a guide of best practices for an applicant with a prior conviction to use when applying for a license. The state auditor shall publish the guide on the s…

Sec. 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 an offense shall notify the person in writing of: (1) the reason for the suspensi…

Sec. 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 cour…

Sec. 53.101. DEFINITIONS. In this subchapter: (1) "License" means a license, certificate, registration, permit, or other authorization that: (A) is issued by a licensing authority; and (B) a person must obtain to practice or engage in a particular business, occupation, or profess…

Sec. 53.102. REQUEST FOR CRIMINAL HISTORY EVALUATION LETTER. (a) A person may request a licensing authority to issue a criminal history evaluation letter regarding the person's eligibility for a license issued by that authority if the person: (1) is enrolled or planning to enroll…

Sec. 53.103. AUTHORITY TO INVESTIGATE. A licensing authority has the same powers to investigate a request submitted under this subchapter and the requestor's eligibility that the authority has to investigate a person applying for a license. Added by Acts 2009, 81st Leg., R.S., Ch…

Sec. 53.104. DETERMINATION OF ELIGIBILITY; LETTER. (a) If a licensing authority determines that a ground for ineligibility does not exist, the authority shall notify the requestor in writing of the authority's determination on each ground of potential ineligibility. (b) If a lice…

Sec. 53.105. FEES. A licensing authority may charge a person requesting an evaluation under this subchapter a fee adopted by the authority. Fees adopted by a licensing authority under this subchapter must be in an amount sufficient to cover the cost of administering this subchapt…

Sec. 53.151. DEFINITIONS. Notwithstanding Section 53.001, in this subchapter, "licensing authority" and "occupational license" have the meanings assigned to those terms by Section 58.001. Added by Acts 2017, 85th Leg., R.S., Ch. 1018 (H.B. 1508), Sec. 1, eff. September 1, 2017.

Sec. 53.152. NOTICE BY ENTITIES PROVIDING EDUCATIONAL PROGRAMS. (a) An entity that provides an educational program to prepare an individual for issuance of an initial occupational license shall notify each applicant to and enrollee in the educational program of: (1) the potential…

Sec. 53.153. REFUND AND ORDERED PAYMENTS. A licensing authority that determines that an entity regulated by the licensing authority has failed to provide the notice required by Section 53.152 to an individual entitled to receive the notice and that the individual's application fo…

Sec. 54.001. DEFINITIONS. In this chapter: (1) "Religious holy day" means a day on which the tenets of a religious organization prohibit the organization's members from participating in secular activities. (2) "Religious organization" means an organization that qualifies under Se…

Sec. 54.002. EXAMINATION SCHEDULED ON RELIGIOUS HOLY DAY. (a) Each state agency shall adopt a procedure to permit an examinee who wishes to observe a religious holy day on which the person's religious beliefs prevent the person from taking an examination to take an examination sc…

Sec. 54.003. EXAMINATION ACCOMMODATIONS FOR PERSON WITH DYSLEXIA. (a) In this section, "dyslexia" has the meaning assigned by Section 51.970, Education Code. (b) For each licensing examination administered by a state agency, the agency shall provide reasonable examination accommo…

Sec. 55.001. DEFINITIONS. In this chapter: (1) "Active duty" means current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by Section 437.001, Government Code, or similar mili…

Sec. 55.002. EXEMPTION FROM PENALTY FOR FAILURE TO RENEW LICENSE. A state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty imposed by the agency for failing to renew the license…

Sec. 55.003. EXTENSION OF LICENSE RENEWAL DEADLINES FOR MILITARY SERVICE MEMBERS. A military service member who holds a license is entitled to two years of additional time to complete: (1) any continuing education requirements; and (2) any other requirement related to the renewal…

Sec. 55.004. ALTERNATIVE LICENSING FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. (a) A state agency that issues a license shall issue the license to an applicant who is a military service member, military veteran, or military spouse and: (1) holds a curre…

Sec. 55.0041. RECOGNITION OF OUT-OF-STATE LICENSE OF MILITARY SERVICE MEMBERS AND MILITARY SPOUSES. (a) Notwithstanding any other law, a military service member or military spouse may engage in a business or occupation for which a license is required without obtaining the applica…

Sec. 55.0042. DETERMINATION OF GOOD STANDING. For purposes of this chapter, a person is in good standing with another state's licensing authority if the person: (1) holds a license that is current, has not been suspended or revoked, and has not been voluntarily surrendered during…

Sec. 55.0043. COMPLAINTS. (a) A state agency that issues a license or recognizes an out-of-state license under this chapter shall maintain a record of each complaint made against a military service member, military veteran, or military spouse to whom the agency issues a license o…

Sec. 55.005. EXPEDITED LICENSE PROCEDURE FOR MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES. (a) A state agency that issues a license shall, not later than the 10th business day after the date a military service member, military veteran, or military spouse file…

Sec. 55.006. RENEWAL OF EXPEDITED LICENSE ISSUED TO MILITARY SERVICE MEMBER, MILITARY VETERAN, OR MILITARY SPOUSE. (a) As soon as practicable after a state agency issues a license under Section 55.005, the state agency shall determine the requirements for the license holder to re…

Sec. 55.007. LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE. (a) Notwithstanding any other law, a state agency that issues a license shall, with respect to an applicant who is a military service member or military veteran, credit verified military servic…

Sec. 55.008. APPRENTICESHIP REQUIREMENTS FOR APPLICANT WITH MILITARY EXPERIENCE. (a) Notwithstanding any other law, if an apprenticeship is required for a license issued by a state agency, the state agency shall credit verified military service, training, or education that is rel…

Sec. 55.009. LICENSE APPLICATION AND EXAMINATION FEES. Notwithstanding any other law, a state agency that issues a license shall waive the license application and examination fees paid to the state for an applicant who is a military service member, military veteran, or military s…

Sec. 55.010. NOTICE OF CHAPTER PROVISIONS. A state agency that issues a license shall prominently post a notice on the home page of the agency's Internet website describing the provisions of this chapter that are available to military service members, military veterans, and milit…

Sec. 56.001. DEFINITIONS. In this chapter: (1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 506 (S.B. 37), Sec. 7(4), eff. June 7, 2019. (2) "License" means a license, certificate, registration, permit, or other authorization that: (A) is issued by a licensing authority; and (B) a…

Sec. 56.003. DISCIPLINARY ACTION IN EVENT OF DEFAULT OR BREACH PROHIBITED. A licensing authority may not take disciplinary action against a person based on the person's default on a student loan or breach of a student loan repayment contract or scholarship contract, including by:…

Sec. 57.001. DEFINITIONS. In this chapter: (1) "License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular business, occupation, or profession.…

Sec. 57.051. REQUIREMENTS FOR GOVERNING BOARD MEMBERSHIP. A person may not be required to be a member of a private trade association as a precondition to serving as a member of the governing board of a state agency that issues a license or otherwise regulates a business, occupati…

Sec. 57.101. DEFINITION. In this subchapter, "division" means the division of the governor's office established under this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.

Sec. 57.102. APPLICABILITY. This subchapter applies only to a state agency with a governing board that is controlled by persons who provide services that are regulated by the agency. Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.

Sec. 57.103. ESTABLISHMENT OF DIVISION. (a) The governor shall: (1) establish a division to review state agency rules in accordance with this subchapter; and (2) appoint a director for the division with the advice and consent of the senate. (b) The director must be licensed to pr…

Sec. 57.104. CONFLICT OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with m…

Sec. 57.105. SUBMISSION OF CERTAIN STATE AGENCY RULES. (a) A state agency that issues a license must submit any proposed rule affecting market competition in this state relating to the business, occupation, or profession for which a license is issued to the division for review be…

Sec. 57.106. REVIEW BY DIVISION. (a) The division shall conduct a thorough, independent review of each proposed rule submitted under Section 57.105 to determine: (1) if the effect of the proposed rule on market competition is consistent with state policy as established by the app…

Sec. 57.107. RULEMAKING AUTHORITY. The division may adopt rules to carry out this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 668 (S.B. 1995), Sec. 4, eff. September 1, 2019.

Sec. 58.001. DEFINITIONS. In this chapter: (1) 'DNA' means deoxyribonucleic acid. (2) 'Family health history' means a history taken by a physician or genetic professional to ascertain genetic or medical information about an individual's family. (3) 'Genetic characteristic' means …