Texas § OC.53.0211 - LICENSING OF CERTAIN APPLICANTS WITH PRIOR CRIMINAL CONVICTIONS

§ OC.53.0211. LICENSING OF CERTAIN APPLICANTS WITH PRIOR CRIMINAL CONVICTIONS

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 services in an industry regulated by the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner. (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. (b-1) A licensing authority may issue a provisional license to an applicant who has been convicted of an offense, including 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. (d) The licensing authority shall revoke a provisional license if the provisional license holder: (1) commits a new offense; (2) commits an act or omission that causes the person's community supervision, mandatory supervision, or parole to be revoked, if applicable; or (3) violates the law or rules governing the practice of the occupation for which the provisional license is issued. (e) The licensing authority shall issue the license for which the applicant originally applied to a provisional license holder on the expiration of the provisional license term if the provisional license holder does not engage in conduct described by Subsection (d). (f) If the licensing authority revokes a provisional license under Subsection (d), the provisional license holder is disqualified from receiving the license for which the applicant originally applied. (g) An applicant who is on community supervision, mandatory supervision, or parole and who is issued a provisional license under this section shall provide to the licensing authority the name and contact information of the probation or parole department to which the person reports. The licensing authority shall notify the probation or parole department that a provisional license has been issued. The probation or parole department shall notify the licensing authority if the person's community supervision, mandatory supervision, or parole supervision is revoked during the term of the provisional license. (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. Added by Acts 2009, 81st Leg., R.S., Ch. 616 (H.B. 963 ), Sec. 4, eff. June 19, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1182 (H.B. 3453 ), Sec. 13, eff. September 1, 2011. Acts 2025, 89th Leg., R.S., Ch. 175 (S.B. 1080 ), Sec. 3, eff. May 27, 2025.