Texas Occupations Code, Chapter 53

HB 1342: getting a Texas license with a criminal record

A criminal record does not automatically keep you from a Texas occupational license. Chapter 53 of the Texas Occupations Code, as amended by HB 1342 in 2019, limits when a licensing agency can say no and requires it to look at you as a person, not just your record. Here is what the law says, section by section.

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What HB 1342 changed

HB 1342 (86th Legislature, effective September 1, 2019) amended Chapter 53. The current law says the Legislature’s intent is to improve the chances of finding a job for a person who has been convicted and has discharged the sentence, and that the chapter must be liberally construed to carry out that intent (Tex. Occ. Code § 53.003). HB 1342 also added the notice-before-denial requirement (Tex. Occ. Code § 53.0231) and the state auditor’s best-practices guide for applicants (Tex. Occ. Code § 53.026), and changed the factors agencies weigh (Tex. Occ. Code §§ 53.022, 53.023).

Chapter 53 does not cover everyone. It does not apply to licenses issued under the Supreme Court of Texas (such as lawyers), peace officer licenses under Occupations Code Chapter 1701, emergency medical services certification, or certain health professionals with specific drug felonies (Tex. Occ. Code § 53.002).

When an agency can deny, suspend or revoke a license

Subject to the notice rule below, a licensing agency may deny, suspend or revoke a license, or refuse to let you take the licensing exam, because you were convicted of (Tex. Occ. Code § 53.021(a)):

1. an offense that directly relates to the duties and responsibilities of the licensed occupation;
2. an offense listed in Article 42A.054 of the Code of Criminal Procedure; or
3. a sexually violent offense, as defined in Article 62.001 of the Code of Criminal Procedure.

A few more protections in the same law:

• Class C misdemeanors alone are not grounds, unless the license lets you carry a firearm and the offense was a misdemeanor crime of domestic violence (Tex. Occ. Code § 53.021(a-1)).
• Deferred adjudication that ended in dismissal and discharge generally is not a conviction for these purposes (Tex. Occ. Code § 53.021(c)). This protection does not apply to licenses for law enforcement, public health, education or safety services, or regulated financial services (§ 53.021(e)). For other licenses, deferred adjudication can still count if you were charged with certain offenses, had not finished supervision or finished it less than five years before you applied, or a conviction would bar you by law — and only if, after weighing the factors below, the agency finds you may be a continued threat to public safety or could repeat the conduct on the job (§ 53.021(d)).
• Arrests that did not lead to a conviction or deferred adjudication cannot be considered (Tex. Occ. Code § 53.0232).

Step 1: does the offense “directly relate” to the job?

To decide whether a conviction directly relates to the occupation, the agency must consider each of these factors (Tex. Occ. Code § 53.022):

1. the nature and seriousness of the crime;
2. how the crime relates to the reasons the occupation requires a license;
3. how much the license might give you a chance to commit the same type of crime again;
4. how the crime relates to the ability or capacity needed to do the job; and
5. any connection between the elements of the crime and the duties of the occupation.

Step 2: the individualized assessment

If the agency decides the conviction directly relates to the job, it still must look at you as an individual before it acts. It must consider (Tex. Occ. Code § 53.023(a)):

1. the extent and nature of your past criminal activity;
2. your age when the crime was committed;
3. how much time has passed since your last criminal activity;
4. your conduct and work history before and after the criminal activity;
5. evidence of rehabilitation or rehabilitative effort while incarcerated or after release;
6. evidence that you complied with any community supervision, parole or mandatory supervision; and
7. other evidence of your fitness, including letters of recommendation.

It is your responsibility, to the extent possible, to get those letters of recommendation and give them to the agency (Tex. Occ. Code § 53.023(b)). Each agency must also publish guidelines explaining why a particular crime is considered related to a particular license (Tex. Occ. Code § 53.025). Read your agency’s guidelines before you write anything.

Notice before a denial: at least 30 days to respond

An agency may not deny you a license, or the chance to take the exam, because of a prior conviction unless it first (Tex. Occ. Code § 53.0231(a)):

• gives you written notice of the reason for the intended denial; and
• allows you at least 30 days to submit any relevant information.

The notice must say either that you are disqualified because of a specific offense, or that the final decision will be based on the § 53.023(a) factors above and that it is your responsibility to get and provide evidence about them (Tex. Occ. Code § 53.0231(b)). That 30-day window is the time to gather records, work history, proof of rehabilitation and letters of recommendation.

Notice after a denial, and your right to review

If the agency denies, suspends or revokes a license because of a conviction, it must tell you in writing (Tex. Occ. Code § 53.051):

• the reason, including any § 53.022 or § 53.023 factor it relied on;
• the review procedure in § 53.052; and
• the earliest date you may appeal.

A proceeding to establish these factors is governed by the Administrative Procedure Act, Chapter 2001 of the Government Code (Tex. Occ. Code § 53.024). After you have used up the agency’s administrative appeals, you may ask the district court in the county where the agency is located to review the decision. The petition must be filed no later than the 30th day after the agency’s decision is final and appealable (Tex. Occ. Code § 53.052).

Before you apply: the criminal history evaluation letter

You don’t have to spend money on school or exam fees to find out where you stand. You may ask a state licensing agency for a criminal history evaluation letter if (Tex. Occ. Code § 53.102(a)):

• you are enrolled in, or planning to enroll in, an education program for an initial license, or you plan to take the exam for an initial license; and
• you have reason to believe a felony or misdemeanor conviction or deferred adjudication may make you ineligible.

Your request must state why you may be ineligible (Tex. Occ. Code § 53.102(b)). The agency must answer within 90 days of receiving it. If it finds no ground for ineligibility, it tells you so in writing. If it finds you ineligible, its letter must list each basis, including any factor it relied on. Unless there is new evidence you knew about but didn’t disclose, or that wasn’t reasonably available to the agency, its ruling decides your eligibility on the grounds in the letter (Tex. Occ. Code § 53.104). The agency may charge a fee to cover its costs (Tex. Occ. Code § 53.105).

Getting organized

• Get a copy of your criminal record and the court papers showing how each case ended.
• Find your agency’s Chapter 53 guidelines and the state auditor’s best-practices guide, which agencies must link to (Tex. Occ. Code § 53.026).
• Collect proof for each § 53.023(a) factor: work history, certificates, proof you completed supervision, and letters of recommendation.
• Write down every date: when each notice arrived, and when each 30-day window ends.

Sources

• Texas Occupations Code, Chapter 53, Consequences of Criminal Conviction — official text from the Texas Legislature. Read November 9, 2026. Sections cited: Tex. Occ. Code § 53.002, Tex. Occ. Code § 53.003, Tex. Occ. Code § 53.021, Tex. Occ. Code § 53.022, Tex. Occ. Code § 53.023, Tex. Occ. Code § 53.0231, Tex. Occ. Code § 53.0232, Tex. Occ. Code § 53.024, Tex. Occ. Code § 53.025, Tex. Occ. Code § 53.026, Tex. Occ. Code § 53.051, Tex. Occ. Code § 53.052, Tex. Occ. Code § 53.102, Tex. Occ. Code § 53.104 and Tex. Occ. Code § 53.105 (all from the same official chapter text).
• HB 1342, 86th Legislature, Regular Session (2019) — bill history at Texas Legislature Online.

Laws change. The Legislature amended Chapter 53 again in 2025. Read the current text, and if you can, talk to a lawyer or legal aid about your situation.

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