89th Legislature Regular Session

SB 1080

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 1080 addresses the occupational licensing process for individuals with criminal convictions in Texas. The legislation modifies provisions of the Texas Occupations Code and the Government Code to expand access to licenses for qualified individuals, including those who are incarcerated or under community supervision, while maintaining safeguards for public safety.

The bill amends Section 53.021(b), Occupations Code, to clarify that a license must be revoked upon imprisonment following a felony conviction for offenses that are directly related to the licensed occupation, listed under Article 42A.054 of the Code of Criminal Procedure, or classified as sexually violent offenses. It maintains that revocations also apply in cases of felony community supervision, parole, or mandatory supervision revocations.

The heart of the reform lies in Section 53.0211, which mandates that licensing authorities issue either a standard or provisional license to otherwise qualified applicants with criminal histories, unless the conviction involves certain disqualifying offenses. A new provision (Subsection b-1) allows for the issuance of 12-month provisional licenses to individuals who are currently incarcerated in the Texas Department of Criminal Justice or who are on parole or mandatory supervision and residing in halfway houses. These applicants must be enrolled in or have completed an educational program through the Windham School District or a Texas institution of higher education.

To support this licensing process, Section 508.313(c), Government Code, is amended to allow TDCJ to share confidential information about inmates or parolees with licensing authorities evaluating an application. The goal is to streamline communication and help authorities determine applicant eligibility without unnecessary barriers.

Altogether, SB 1080 represents a shift toward rehabilitation and reintegration by enabling individuals with criminal records to reenter the workforce through lawful, regulated occupational pathways, provided they meet objective qualifications and demonstrate educational progress.

The Committee Substitute for SB 1080 significantly broadens and deepens the policy scope compared to the originally filed version. The original bill was narrowly tailored, making modest adjustments to the issuance of provisional occupational licenses for individuals with criminal convictions. It proposed a simple change to Section 53.0211 of the Occupations Code, requiring that a licensing authority either issue the requested license or a provisional license valid for six months. Additionally, it clarified that the provisional license term for an incarcerated applicant would begin on the date of release.

In contrast, the Committee Substitute introduces a more robust and structured framework for both revocation and provisional licensing. It adds a new subsection that allows certain incarcerated individuals, parolees, or persons under mandatory supervision to receive a 12-month provisional license if they are participating in or have completed an educational program through the Windham School District or a Texas institution of higher education. This addition creates a clearer pathway to licensure for individuals demonstrating rehabilitation through education.

Moreover, the substitute bill amends Section 53.021(b), which governs license revocations, to specifically mandate revocation upon imprisonment following a felony conviction for certain offenses, including those listed in Article 42A.054 and sexually violent offenses. These stricter revocation conditions were not present in the original version. Additionally, the substitute expands Section 508.313 of the Government Code to authorize the Texas Department of Criminal Justice to share confidential information with licensing authorities, ensuring that agencies have the necessary data to evaluate eligibility and enforce the law appropriately—another enhancement absent from the original bill.

Overall, the Committee Substitute transforms SB 1080 from a limited licensing reform into a more comprehensive reentry policy tool. It balances support for rehabilitation with safeguards for public protection and improves inter-agency coordination, aligning more clearly with broader criminal justice reform and workforce development goals.
Author
Royce West
Co-Author
Brent Hagenbuch
Juan Hinojosa
Mayes Middleton
Borris Miles
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 1080 is not expected to have a significant fiscal impact on the State of Texas. The analysis concludes that any administrative costs incurred by state agencies to implement the provisions of the bill—such as issuing provisional licenses or revoking licenses based on specified felony convictions—can be absorbed within existing agency resources. This suggests that the bill’s operational adjustments do not require additional appropriations or major restructuring within the agencies involved.

The fiscal note also states that there will be no significant fiscal implications for units of local government. Since the bill focuses on state licensing authorities and their interaction with applicants and inmates within the Texas Department of Criminal Justice, local governments are not expected to bear any new administrative or enforcement burdens.

In essence, SB 1080 expands access to provisional occupational licenses for certain individuals with criminal records and strengthens revocation standards without necessitating new funding streams. The involvement of multiple licensing and regulatory bodies—including the Texas Medical Board, Department of Licensing and Regulation, and the Department of Criminal Justice—has been accounted for in the fiscal review. Their ability to manage these responsibilities using existing resources further reinforces the bill’s cost-neutral stance.

Vote Recommendation Notes

SB 1080 presents a forward-looking reform that improves access to occupational licensing for individuals with prior criminal convictions. It supports public safety while promoting rehabilitation and workforce reintegration, offering formerly incarcerated individuals a structured opportunity to rebuild their lives through lawful employment. The bill is particularly focused on those who have completed or are enrolled in educational programs, creating a path toward self-sufficiency and reducing the likelihood of recidivism.

The legislation modernizes existing law by refining automatic revocation rules and granting discretion to licensing authorities. Instead of requiring license revocation for all felony convictions, SB 1080 targets only serious offenses—such as those directly related to the occupation or categorized under Article 42A.054 or as sexually violent. This shift allows for case-by-case evaluations and prevents blanket disqualification of individuals whose convictions may have no bearing on their professional duties. Moreover, the bill establishes a 12-month provisional licensing pathway for incarcerated individuals and parolees who demonstrate a commitment to rehabilitation through education.

Crucially, SB 1080 does not increase the licensing or regulatory burden on Texans. On the contrary, it reduces barriers for a specific population by streamlining the eligibility process and expanding access. It does not impose new fees, requirements, or obligations on the general public or existing license holders. From a fiscal perspective, the Legislative Budget Board has confirmed that the bill will have no significant cost to state or local governments, with any implementation handled within current resources.

This legislation aligns with all five core liberty principles—enhancing individual liberty, promoting personal responsibility, encouraging free enterprise, respecting limited government, and indirectly supporting property rights. It reflects a balanced approach that fosters opportunity, protects the public, and improves governmental efficiency. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 1080.

  • Individual Liberty: The bill strengthens individual liberty by removing unnecessary and overly broad licensing restrictions that penalize people with criminal records, even when their past offenses have no direct bearing on their professional responsibilities. By allowing qualified individuals—including those still incarcerated or on parole—to obtain occupational licenses (either full or provisional), the bill affirms their right to pursue meaningful work and reenter society with dignity. This recognizes the potential for personal change and reduces systemic barriers that can trap people in cycles of poverty and recidivism.
  • Personal Responsibility: The bill encourages and rewards personal responsibility by tying provisional licensure to participation in educational programs. Incarcerated individuals or parolees who enroll in or complete training through the Windham School District or a Texas institution of higher education can qualify for a provisional license. This requirement promotes self-improvement and accountability, offering a clear, merit-based pathway for reentry into the workforce. It also sends a strong message that rehabilitation, not perpetual punishment, is the public policy priority.
  • Free Enterprise: The bill removes regulatory barriers that hinder qualified individuals from entering licensed professions, thus supporting the principle of free enterprise. It expands the pool of potential workers—especially in skilled trades and service sectors—by enabling people with records to compete in the marketplace based on their skills and qualifications. This increased labor force participation enhances economic productivity and entrepreneurship without compromising consumer protection.
  • Private Property Rights: While the bill does not directly alter laws around private property, it indirectly supports this principle by ensuring that individuals are not unjustly denied the ability to earn a living and engage in economic activity. By enabling access to lawful work, including in fields that may involve entering clients’ homes (e.g., plumbing, electrical work), the bill respects the right of individuals to engage in voluntary, contract-based relationships—an essential element of property rights in a market economy.
  • Limited Government: The bill limits the scope of government intervention by narrowing the circumstances under which licenses must be revoked and reducing arbitrary disqualification from state-regulated professions. It also improves efficiency in the administration of occupational licensing by requiring case-specific analysis rather than applying blanket prohibitions. Importantly, the bill does not create new licensing requirements or expand regulatory reach, and the Legislative Budget Board determined it imposes no significant fiscal or administrative burden.
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