Tex. Occ. Code § 53.021 · Subchapter B. INELIGIBILITY FOR LICENSE
AUTHORITY TO REVOKE, SUSPEND, OR DENY LICENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to Section 53.0231, a licensing authority may suspend or revoke a license, disqualify a person from receiving a license, or deny to a person the opportunity to take a licensing examination on the grounds that the person has been convicted of:
(1) an offense that directly relates to the duties and responsibilities of the licensed occupation;
(2) an offense listed in Article 42A.054, Code of Criminal Procedure; or
(3) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure.
(a-1) Subsection (a) does not apply to a person who has been convicted only of an offense punishable as a Class C misdemeanor unless:
(1) the person is an applicant for or the holder of a license that authorizes the person to possess a firearm; and
(2) the offense for which the person was convicted is a misdemeanor crime of domestic violence as that term is defined by 18 U.S.C. Section 921.
(a-2) A licensing authority may revoke a license holder's license on the grounds of the license holder's imprisonment following a felony conviction.
(b) A license holder's license shall be revoked on the license holder's imprisonment following a:
(1) felony conviction for:
(A) an offense that directly relates to the duties and responsibilities of the licensed occupation;
(B) an offense listed in Article 42A.054, Code of Criminal Procedure; or
(C) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure;
(2) felony community supervision revocation;
(3) revocation of parole; or
(4) revocation of mandatory supervision.
(c) Except as provided by Subsections (d) and (e), notwithstanding any other law, a licensing authority may not consider a person to have been convicted of an offense for purposes of this section if, regardless of the statutory authorization:
(1) the person entered a plea of guilty or nolo contendere;
(2) the judge deferred further proceedings without entering an adjudication of guilt and placed the person under the supervision of the court or an officer under the supervision of the court; and
(3) at the end of the period of supervision, the judge dismissed the proceedings and discharged the person.
(d) A licensing authority may consider a person to have been convicted of an offense for purposes of this section regardless of whether the proceedings were dismissed and the person was discharged as described by Subsection (c) if:
(1) the person was charged with:
(A) any offense described by Article 62.001(5), Code of Criminal Procedure; or
(B) an offense other than an offense described by Paragraph (A) if:
(i) the person has not completed the period of supervision or the person completed the period of supervision less than five years before the date the person applied for the license; or
(ii) a conviction for the offense would make the person ineligible for the license by operation of law; and
(2) after consideration of the factors described by Sections 53.022 and 53.023(a), the licensing authority determines that:
(A) the person may pose a continued threat to public safety; or
(B) employment of the person in the licensed occupation would create a situation in which the person has an opportunity to repeat the prohibited conduct.
(e) Subsection (c) does not apply if the person is an applicant for or the holder of a license that authorizes the person to provide:
(1) law enforcement or public health, education, or safety services; or
(2) financial services in an industry regulated by a person listed in Section 411.0765(b)(18), Government Code.
Notes and commentary — not statutory text
History
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 616 (H.B. 963), Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1148 (H.B. 2808), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 938 (H.B. 1659), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1265 (H.B. 798), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.79, eff. January 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 31, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 765 (H.B. 1342), Sec. 5, eff. September 1, 2019.
Acts 2025, 89th Leg., R.S., Ch. 175 (S.B. 1080), Sec. 2, eff. May 27, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.53.htm
- Text hash
- sha256 f8beb51aa962fdce14008a61dd59ff648fb96da67413b9b7b9e981f830ccc940
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Government Code
Occupations Code
- Tex. Occ. Code § 53.022FACTORS IN DETERMINING WHETHER CONVICTION DIRECTLY RELATES TO OCCUPATION.Printed as Sections 53.022 and 53.023(a)
- Tex. Occ. Code § 53.023ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO OCCUPATION.Printed as Sections 53.022 and 53.023(a)
- Tex. Occ. Code § 53.0231NOTICE OF PENDING DENIAL OF LICENSE.Printed as Section 53.0231
Cited by 11 provisions
Provisions in this library whose text cites Tex. Occ. Code § 53.021. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 51.4041ALTERNATIVE QUALIFICATIONS FOR LICENSE.Printed as Section 53.021(b)
- Tex. Occ. Code § 53.0211LICENSING OF CERTAIN APPLICANTS WITH PRIOR CRIMINAL CONVICTIONS.Printed as Section 53.021(a)
- Tex. Occ. Code § 53.023ADDITIONAL FACTORS FOR LICENSING AUTHORITY TO CONSIDER AFTER DETERMINING CONVICTION DIRECTLY RELATES TO OCCUPATION.Printed as Section 53.021
- Tex. Occ. Code § 53.052JUDICIAL REVIEW.Printed as Section 53.021
- Tex. Occ. Code § 301.1545RULES ON CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION.Printed as Section 53.021
- Tex. Occ. Code § 603.1535RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.Printed as Section 53.021
- Tex. Occ. Code § 801.406REINSTATEMENT AFTER CERTAIN FELONY CONVICTIONS.Printed as Section 53.021(b), Occupations Code
- Tex. Occ. Code § 901.1565RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.Printed as Section 53.021
- Tex. Occ. Code § 1701.1524RULES RELATING TO CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION.Printed as Section 53.021
- Tex. Occ. Code § 1702.004GENERAL SCOPE OF REGULATION.Printed as Section 53.021
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.