KUNTZ – PO2016

TEXAS DEPARTMENT OF LICENSING AND REGULATION

Fostering Creativity and Change for Smaller Smarter Government

You can ďŹ nd me at: william.kuntz@tdlr.texas.gov

I am Bill Kuntz

Hello!

Abolished and/or transferred programs, New Programs

Smaller and Smarter

Guidelines, Criminal History Evaluation Letter, 2015 Stats, Outreach

Criminal Conviction Guidelines

Enabling statute and guidelines

Texas Occupations Code

AGENDA – A Common Sense Approach

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Background Information

Texas Occupations Code Chapter 51, 53

(25) TDLR Programs

7 Member Board Texas Commission of Licensing and Regulation

(19) Advisory Boards

Governor Greg Abbott

TDLR – Organizational Chart

§ 51.4012(a)

Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history or other information that indicates that the person lacks the honesty, trustworthiness, and integrity to hold a license issued by the department.

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Chapter 51 of TDLR’s enabling statute:

1. The nature and seriousness of the crime

§ 53.022

2. The relationship of the crime to the purposes for requiring a license to engage in the occupation

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Chapter 53 Texas Occupations Code provides factors to consider:

3. The extent to which a licensee might offer an opportunity to engage in further criminal activity…

§ 53.022

4. The relationship of the crime to the ability, capacity, or fitness required to perform the duties …

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Chapter 53 Texas Occupations Code provides factors to consider:

Common categories of crimes related to each license type

Criminal Conviction Guidelines

A licensing authority may consider a person to have been convicted of an offense for licensing purposes, even if the person received deferred adjudication.

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§ 53.021

Chapter 53 Texas Occupations Code – Deferred Adjudication

•• Risk - Deceit, fraud and misrepresentation related to the need for service, parts, and equipment.

Fraud or deceptive trade practices

Homicide, Kidnapping, and Assault

•• Risk - Potential for confrontational behavior, violent response.

•• Risk - Direct access to property.

Theft or Burglary

•• Risk - Direct access to people in private residences and businesses.

Prohibited sexual conduct; children as victims

Protecting Texans – AC Repair, Electricians

•• Risk - After vehicle has been towed, unscrupulous operators can obtain a legal title to the vehicle.

Racketeering, organized crime, or criminal influence

•• Risk - Sober, safe Tow Operators are important to everyone on the road.

Intoxication – DWI, Intoxication- Manslaughter

Protecting Texans: Towing

Risk - Potential for confrontational behavior, violent response.

Assault

Homicide, Kidnapping, Homicide,Assault Kidnapping, and

•• Risk - Direct physical contact with persons in situations that have potential for confrontational behavior.

Homicide, Kidnapping, and Assault

•• Risk - Direct contact with members of the general public often in settings with no one else present.

Prohibited sexual conduct; children as victims

Protecting Texans: Cosmetology/Barber

•• Risk - Barbers work in a business establishment under their control, which provides an effective cover for the sale of controlled substances.

Illegal manufacture or delivery of a controlled substance

2010 TDLR makes the CHEL available to all applicants with a criminal history.

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Today Since 2010 TDLR has processed: 1,616 CHELs 1,351 Eligible 253 Ineligible

Regardless of the outcome in the CHEL, the requestor may still apply to TDLR for a license.

2009 81st Texas Legislature enacts new provisions for pre-application evaluation for criminal history

Criminal History Evaluation Letter (CHEL)

2012 Parolee completed education and passed Barber Exams Violent Parolee “If you ever tell 5 anyone about this, I’ll kill you.”

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TDLR Rejected his barber license application.

Dept. of Assistive and Rehabilitative Services (DARS) – Education Services

Article: Austin American Statesman June 6, 2012

2012 – MEDIA HEADLINE “The State Giveth and the State Taketh Away.”

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DARS and TDLR Inter-agency agreement.

DARS Outreach

Success Since December 2012, 99 CHEL’s have been reviewed by TDLR on behalf of DARS clients.

94 were declared eligible.

Total number of applications DENIED/REVOKED

603

Total number of applications - New and Renewed

406,771

<0.15% Denied

TDLR Criminal History Results - 2015

Total number of applications â&#x20AC;&#x201C; Referred to Enforcement

3,133

The Commission reviews SOAHâ&#x20AC;&#x2122;s proposal for decision.

Applicants may appeal a Commission denial at the District Court level.

An applicant can request a hearing at the State OďŹ&#x192;ce of Administrative Hearing (SOAH).

Right to Due Process

2 applicants

2015 License Denials: Air Conditioning

1 applicant

(3 counts)

Delivery of Cocaine Assault Causing Bodily Injury

(11 counts)

Delivery of a Controlled Substance

Crimes

Violation of Protective Order (2 counts)

(2 counts)

Sexual Assault; Theft

Robbery

Crimes

Criminal Trespass

2015 License Denial: Barbers

3 applicants

2015 License Denials: Electricians

1 applicant

2015 License Denial: Towing

TDCJ Terrell Prison Unit, Rosharon, TX (3)

TDCJ Lewis Prison Unit, Woodville, TX

TDCJ Torres Unit, Hondo, TX

TDCJ Luther Unit, Navasota, TX

TDCJ Stevenson Unit, Cuero, TX

North Texas Staff Development, Hunstsville, TX (3)

TDCJ Ferguson Unit, Midway, TX

Tarrant County Workforce Solutions, Fort Worth, TX

Bryan Federal Prison, Bryan, TX (2)

HVAC Expo, Dallas, TX

TDCJ Polunsky Unit, Livingston, TX

Windham Regional Conference League City, TX

Bastrop Correctional Institution, Bastrop, TX (4)

Windham School District Conference, Abilene, TX

TDLR Prison Outreach – 22 Visits 2012-2015

HB

SB

SB 972

Exempted steam cookers from 506 Boiler regulations

Repealed criminal penalties for 8 of TDLRâ&#x20AC;&#x2122;s statutes

Eliminated Bar/Cos restrictions HB 104 so licensees can practice at offsite special events

Authorized TDLR to recognize3742 additional paths for applicant eligibility

braiding

Eliminated certain Bar/Cos licenses including Shampoo

HB 2095

Eliminated duplication of Federal SB requirements for purchase of Freon 383

Smaller, Smarter Government

HB Deregulated natural hair 2717

TDLR Successes since 2013

September 2013

June 2013

May 2013

May 2013

June 2015

September 2015

September 2015

Based on recommendations from the Sunset Commission, the 84th Texas Legislature in 2015 added 14 programs to TDLR through enactment of Senate Bill 202 and House Bill 1786.

Newest Health and Safety Responsibilities

House Bill 1786 transferred Texas Education Agency Driver Training program and the Texas Department of Public Safety Parent-Taught Driver Education program to TDLR on September 1, 2015.

Newest Health and Safety Duties2015

Dyslexia Therapists and Practitioners

Dietitians

Orthotists and Prosthetists

Athletic Trainers

Hearing Instrument Fitters and Dispensers

Speech-Language Pathologists and Audiologists

Midwives

New Health and Safety Duties â&#x20AC;&#x201C; DSHS 2016

Sanitarians

Offender Education Providers

Mold Assessors and Remediators

Massage Therapists

Code Enforcement Officers Laser Hair Removal

Future Health and Safety Responsibilities – DSHS 2017-2018

Closing

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TDLRâ&#x20AC;&#x2122;s common sense approach to licensing and regulation maintains the focus on getting licensees to work as fast as possible while protecting the health and safety of Texans.

Thanks for your time!

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Electricians Sec. 754.024 – Class C Misdemeanor

Personnel Employment Organizations Sec. 91.063 – Class A Misdemeanor

Temporary Common Workers Sec. 92.031 – Class A Misdemeanor

Property Tax Professionals Sec. 1151.251 – Failure to Register, Class C Misdemeanor Sec. 1151.252 – Prohibited Actions While Registration or Certification Is Revoked or Suspended – Class B Misdemeanor

Combative Sports Sec. 2052.309 – Class A Misdemeanor

Industrialized Housing & Buildings Sec. 1202.351 - Class A Misdemeanor

Barbers Sec. 1601.653 – Fine & Confinement

General Criminal Penalties Sec. 1602.554 – Fine $100-$300

APPENDIX: Senate Bill 972 by Carona, 83rd Legislative Session (2013) Criminal Penalties Repealed