2018 House Bill 6280

Restrict using criminal record to exclude individual from required license

Introduced in the House

Aug. 15, 2018

Introduced by Rep. Pete Lucido (R-36)

To restrict using criminal records to exclude individuals from getting one of the state licenses that are required to work in many professions. Licensure laws generally require officials and appointed boards to judge whether an individual has “good moral character.” The bill would prohibit these authorities from considering an adverse judgment in a civil action as evidence that a license applicant lacks good moral character, and prohibit considering “an individual’s criminal conviction, in and of itself, as conclusive proof of" a lack of good moral character. Subject to various exceptions authorities could only consider felony violations that have a “direct and specific negative effect” on an individual’s ability to earn a living in a trade. These provisions would not apply if it is determined that “the state's interest in protecting public safety is superior to the individual's right to pursue the occupation or profession”.

Referred to the Committee on Regulatory Reform