89th Legislature

HB 3860

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3860 seeks to expand access to occupational licensing and workforce training for inmates within the Texas Department of Criminal Justice (TDCJ). The bill authorizes the Texas Commission of Licensing and Regulation to adopt rules that would allow currently incarcerated individuals to apply for and potentially receive occupational licenses in specific trades, namely air conditioning and refrigeration (Chapter 1302), electrical work (Chapter 1305), and barbering or cosmetology (Chapter 1603) under the Texas Occupations Code.

The bill also provides regulatory exemptions for inmates performing these trades as part of a supervised reentry program. Specifically, it clarifies that the licensing requirements of the relevant chapters do not apply to inmates engaged in these occupational activities while incarcerated, provided the work is conducted either under the auspices of a reentry program or under supervision deemed acceptable by the department. This ensures that inmates may legally gain hands-on experience without violating licensure laws while preparing for post-release employment.

Overall, HB 3860 aims to promote rehabilitation, reduce recidivism, and ease workforce reentry by integrating training and licensure pathways into the correctional system. The bill becomes effective on September 1, 2025.
Author
Alma Allen
Venton Jones
Jolanda Jones
Co-Author
Josey Garcia
Trey Martinez Fischer
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3860 is not expected to have a significant fiscal impact on the state. The agencies likely to be affected by the bill—including the Texas Department of Licensing and Regulation (TDLR), the Texas Department of Criminal Justice (TDCJ), and the Department of Information Resources—are anticipated to absorb any administrative or operational costs associated with implementing the bill using existing agency resources​.

The bill primarily allows for the rulemaking and licensing of inmates participating in reentry programs and exempts certain regulated activities performed under supervision. As such, it does not mandate any new programs or infrastructure, but instead facilitates the use of existing training and licensing pathways. The potential costs associated with developing or revising rules, updating administrative procedures, and overseeing licensure eligibility for inmates are expected to be minimal and manageable within current budgets.

Furthermore, there is no anticipated significant fiscal impact on local governments. The bill's provisions do not impose any mandates or new responsibilities on local entities, nor do they affect local revenue streams. In summary, HB 3860 is a policy-focused bill with minimal financial implications for both state and local governments.

Vote Recommendation Notes

HB 3860 embodies a liberty-affirming, workforce-development initiative that enhances opportunities for successful reintegration of formerly incarcerated individuals. The bill responds to a significant barrier currently faced by inmates who, despite acquiring marketable skills through prison education and vocational training, are often statutorily ineligible to obtain occupational licenses due to their status or criminal history. HB 3860 provides both a regulatory exemption for supervised inmate labor within TDCJ and a legal pathway for licensure through rulemaking by the Texas Commission of Licensing and Regulation​.

This legislation aligns with multiple core liberty principles. It promotes individual liberty by ensuring that incarceration does not permanently disqualify someone from gainful employment. It upholds personal responsibility by incentivizing inmates to invest in their education and skill development. It encourages free enterprise by enlarging the future labor pool in licensed trades, addressing workforce shortages. The bill also supports limited government by removing overly broad barriers that prevent licensure based solely on custodial status, without compromising public safety.

Additionally, the bill has no significant fiscal impact on the state or local governments, and it does not create or expand any criminal penalties​. The administrative costs of implementing this policy are expected to be absorbed within existing agency resources, making this a cost-effective reform.

Overall, HB 3860 represents a pragmatic and principled policy that improves reentry outcomes, reduces recidivism risk, and respects the dignity and rehabilitation potential of incarcerated Texans. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 3860.

  • Individual Liberty: The bill strengthens individual liberty by removing arbitrary barriers that prevent incarcerated individuals from pursuing occupational licenses in air conditioning, electrical work, barbering, and cosmetology. While these individuals are still under state custody, the bill recognizes their right to develop and apply skills that lead to meaningful employment post-release. It expands the principle that rehabilitation should involve real opportunities to succeed, not perpetual punishment through regulatory exclusion.
  • Personal Responsibility: HB 3860 supports personal responsibility by incentivizing inmates to take part in reentry programs and vocational training with the possibility of licensure. This sends a strong message: if individuals take initiative to better themselves and gain skills, the state will not stand in their way once they’re ready to return to society. It rewards constructive behavior and personal development.
  • Free Enterprise: This bill enhances free enterprise by broadening the pipeline of qualified labor for regulated trades. By allowing rehabilitated individuals to earn licenses, it increases competition and labor supply in industries often facing shortages—particularly skilled trades. It eliminates protectionist barriers that may limit entry to licensed professions based on status rather than skill or character.
  • Private Property Rights: The bill has no direct impact on private property rights. It neither enhances nor restricts any individual’s control or use of private property.
  • Limited Government: HB 3860 limits unnecessary government overreach. It does not lower standards for licensure, but removes blanket exclusions that lack nuance and fail to account for rehabilitation or workforce needs. It respects the role of government to regulate for safety and quality, while rejecting the notion that incarceration alone justifies lifelong occupational exclusion.
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