HB 91

85(R) - 2017
House Licensing & Administrative Procedures
Senate Business & Commerce
House Licensing & Administrative Procedures
Senate Business & Commerce
Criminal Justice
Occupational Licensing

Vote Recommendation

  • Positive
  • Positive
  • Neutral
  • Neutral
  • Neutral


James White


Joan Huffman

Bill Caption

Relating to a review of occupational licensing requirements and an applicant ’s criminal history.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would require licensing authorities to review the eligibility requirements that relate to an applicant’s criminal history. The licensing authorities would be required to make a recommendation regarding whether they think the requirement should be retained, modified, or repealed by December of 2018. 

In addition, this bill would prevent political subdivisions from adopting or enforcing any ordinance or other local regulation that prohibits, limits, delays or otherwise regulates a private employer’s ability to inquire about, request, consider, or take employment action based on criminal history record information.

Vote Recommendation Notes

This review by licensing authorities could potentially uphold our commitment to individual liberty if it results in the repeal of automatic disqualification from based on a criminal record. More obviously however, this bill upholds our commitment to private property by ensuring that political subdivisions do not enforce or adopt any provisions that would "ban the box" and disallow employers from screening the criminal histories of potential employees. While we are opposed to criminal history record information being using to automatically deny a person an occupational license; we are also opposed governments imposing certain hiring practices on the private sector. For these reason we support this bill. 

Organizations Supporting

Independent Bankers Association of Texas
National Federation of Independent Business
Texas Apartment Association
Texas Association of Business
Texas Public Policy Foundation
Texas Restaurant Association