Texas Occupations Code 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) provides written notice to the person of the reason for the intended denial; and
(2) allows the person not less than 30 days to submit any relevant information to the licensing authority.
(b) A notice required under Subsection (a) must contain, as applicable:
(1) a statement that the person is disqualified from receiving the license or being examined for the license because of the person’s prior conviction of an offense specified in the notice; or
(2) a statement that:
(A) the final decision of the licensing authority to deny the person a license or the opportunity to be examined for the license will be based on the factors listed in § 53.023(a); and
(B) it is the person’s responsibility to obtain and provide to the licensing authority evidence regarding the factors listed in § 53.023(a).
Terms Used In Texas Occupations Code 53.0231
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005