The Texas Department of Licensing and Regulation met on August 6 to take up a number of items. This report covers items on bill implementation and the Sunset Review Process. The agenda can be found here.
This report is intended to give you an overview and highlight of the discussions on the various topics the committee took up. It is not a verbatim transcript of the hearing but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.
HB 1342 – Relating to a person’s eligibility for an occupational license; providing an administrative penalty.
- Chairman – This bill was a “team effort”, appreciate the efforts of TPPF in getting this through the legislature.
- TDLR General Counsel – TDLR specific changes to Chapter 51, Occupations Code.
- Law will be effective on Sept 1, it might be a while before a case gets to the Commissioners under the new law.
- Legislative intent is to make it easier for a person with a criminal conviction to receive an occupational license.
- Will allow the Commission to issue a restricted license for an Electrician or Air Conditioning and Refrigeration licensee. Could be expanded to other licenses if it is successful.
- Restrictions might include for example allowing a licensee to only work on industrial sites and not on residential sites.
- When restricted license expires there is a rebuttable presumption that the applicant is entitled to an unrestricted license.
- Path to re-licensure after release from prison
- Requires good behavior in prison, successful participation in a workforce reentry program or performance of work in the occupation while in prison.
- Serious violent and sexual offenses are not eligible for re-licensure.
- Enforcement staff – Changes to Chapter 53, Occupations Code.
- Will have to determine internally how to enforce new rules before presenting them to the Commissioners.
- Chapter is to be “liberally construed” to enhance employment opportunities after a person has been convicted of an offense and “discharged the sentence for the offense”.
- Meaning of “discharged the sentence” is somewhat ambiguous, will be necessary to determine what that means, if it is after release, after parole is completed, etc.
- Will be spring or summer of 2020 before finalizing plans for implementation.
- Removes the department’s authority to revoke, suspend, or deny based on a conviction that is not directly related to the licensed occupation.
- Serious felonies that are not eligible for probation and offenses requiring registration as a sex offender can still be used to deny a license.
- This will not change much since offenses not directly related were rarely used to deny licenses.
- New section requires notice of pending denial of license to be given to people earlier on in the process. This will have “significant impact” on TDLR.
- Notice must include reason for denial and allows the person 30 days to submit any relevant information.
- New rules require a specific statement that the person is being disqualified for a specific offense or if the decision will be based on additional factors, and that it is the applicant’s responsibility to provide evidence regarding those factors.
- This change will make people more proactive from the start and will allow the agency to come to their decision more quickly.
- New notice will be more easily understandable with less legal jargon.
- Chairman – Right now is a great time to employ people released from prison with the unemployment rate as low as it is.
Overview of Bill Implementation Timeline
- Government Relation staff – Gave general overview of implementation timelines.
- Timeline for each bill is different.
- For example, some are effective September 1 but have no deadline for rulemaking. Rulemaking for many of those will not be ready by September 1, that will have to be done.
- Will prioritize bills with a deadline for rulemaking.
- HB 2847 (omnibus bill) has many provisions that will impact TDLR.
- Timeline for each bill is different.
Overview of Texas Department of Licensing Regulation Sunset Review Process
- Government Relations staff – Gave overview of the upcoming Sunset Review for TDLR.
- 23 programs will be up for review during the 20-21 cycle.
- Sunset for TDLR exempts programs transferred on or after September 1, 2016 from review during the 20-21 cycle.
- There will be a “limited purpose review” of these agencies during the 22-23 cycle.
- Phase 1 (self-evaluation) has already begun. Sunset staff will receive self-evaluation reports by September 3.