Relating to the revocation of an occupational license from certain license holders and the issuance of an occupational license to certain applicants with criminal convictions.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Department of Licensing and Regulation (TDLR) • Texas Department of Criminal Justice (TDCJ) • All State Licensing Authorities (e.g., TMB, TREC, TSBP, etc.)
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Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025.
Compliance Deadline: September 1, 2025. You must have updated termination protocols in place by this date to handle immediate revocations.
Agency Rulemaking: Licensing agencies (TDLR, TMB, etc.) will likely engage in rulemaking between September 2025 and January 2026 to define the enforcement matrix for *discretionary* revocations. Expect a "regulatory gray zone" regarding non-violent felony imprisonments during this period.
Immediate Action Plan
Audit Employee Roster: Identify every employee requiring a state license to perform their job.
Update Handbooks: Revise employee handbooks to state that maintaining a valid license is a condition of employment and that imprisonment resulting in revocation is considered voluntary resignation/termination for cause.
Establish Monitoring: Subscribe to automated license monitoring services where available; do not rely on employees to self-report arrests or revocations.
Review Insurance: Consult your broker to ensure your General Liability and Fidelity Bond policies cover employees working under the new "Provisional License" classification.
Operational Changes Required
Contracts
Employment Agreements: Update "Termination for Cause" clauses immediately. Explicitly include "revocation of occupational license" and "imprisonment following a felony conviction" as grounds for immediate termination without severance.
Vendor MSAs: Amend Master Service Agreements to require vendors to certify continuous license monitoring. You must ensure third-party technicians entering your premises have not had licenses revoked under the new mandatory standards.
Hiring/Training
Recruitment Pipeline: Direct HR to engage with the Windham School District to identify candidates holding the new "Provisional License."
Onboarding Protocols: Implement a hard-stop review for any new hire presenting a Provisional License. These are valid for only 12 months; you must track the expiration date and the requirements for conversion to a standard license.
Continuous Monitoring: Move from annual license verification to continuous monitoring. You must know immediately if a licensed employee is imprisoned, as their legal right to work may be revoked instantly.
Reporting & Record-Keeping
Revocation Documentation: If terminating an employee under this statute, retain the specific agency notice. You must distinguish between mandatory revocation (violent/related crimes) and discretionary revocation (other felonies) to defend against potential wrongful termination or unemployment claims.
Provisional License Tracking: Create a specific registry for employees on provisional licenses to ensure they do not lapse after the 12-month statutory window.
Fees & Costs
No State Fee Increases: The bill does not increase licensing fees.
Operational Costs: Budget for increased administrative time regarding license verification and potential increases in Employment Practices Liability Insurance (EPLI) premiums if engaging heavily in the provisional license program.
Strategic Ambiguities & Considerations
The statute grants licensing authorities the power to revoke a license based on imprisonment for *any* felony conviction (Section 2(a-2)), even if not directly related to the occupation.
The Risk: Inconsistent enforcement across different boards. The Texas Medical Board may apply a stricter standard than the Board of Plumbing Examiners.
What to Watch: Monitor your specific industry regulator's meeting minutes starting September 2025. You need to know if they intend to use this discretionary power aggressively for non-violent felonies (e.g., felony DWI).
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
Qualified former felons or current prison inmates may apply for a six-month provisional occupational license to gain sustainable employment after incarceration. In the past, inmates have applied for a provisional occupational license towards the end of their sentence. Often, the inmate's provisional license term may begin before being released. As a result, an ex-convicted person would have less than six months to utilize their provisional occupational license.
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S.B. 1080 would amend the Occupations Code, Sections 51.0211(b) and (c), by declaring that licensing authorities shall issue six-month licenses to applicants convicted of an offense, unless convicted of a specific disqualifying offense. More importantly, the term of the inmate’s provisional permit will begin once the applicant is released.
S.B. 1080 aims to specify the beginning of the six-month provisional licenses and provide a realistic pathway for returning citizens with criminal records to obtain occupational licenses, facilitate their reintegration into the workforce, and reduce the likelihood of recidivism.
The committee substitute to S.B. 1080 will also make it clear that the Texas Department of Licensing and Regulation does not have to revoke the license of all persons who become incarcerated, as some offenses for which a person may become incarcerated are not actually crimes that are typically used to determine license revocation.
As proposed, S.B. 1080 amends current law relating to the issuance of a provisional occupational license to certain applicants with criminal convictions.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 53.0211(b) and (c), Occupations Code, as follows:
(b) Requires a licensing authority, notwithstanding any law other than Subsection (a) (relating to providing that Section 53.0211 (Licensing of Certain Applicants with Prior Criminal Convictions) does not apply to an applicant for a license for certain occupations) and unless the applicant has been convicted of an offense described by Section 53.021(a) (relating to authorizing a licensing authority to suspend or revoke a license, disqualify a person from receiving license, or deny to a person the opportunity to take a licensing exam if the person has been convicted of certain offenses), to issue to an otherwise qualified applicant who has been convicted of an offense the license for which the applicant applied or a provisional license valid for a term of six months, rather than a provisional license described by Subsection (c).
(c) Provides that the term of a provisional license issued to an applicant who is an inmate imprisoned in the Texas Department of Criminal Justice begins on the date the applicant is released. Deletes existing text authorizing a licensing authority to issue a provisional license for a term of six months to an applicant who has been convicted of an offense.
SECTION 2. Effective date: upon passage or September 1, 2025.
Honorable Pete Flores, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1080 by West (Relating to the issuance of a provisional occupational license to certain applicants with criminal convictions.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies:
313 Department of Information Resources, 329 Real Estate Commission, 405 Department of Public Safety, 452 Department of Licensing and Regulation, 454 Department of Insurance, 456 Board of Plumbing Examiners, 457 Board of Public Accountancy, 459 Board of Architectural Examiners, 460 Board of Professional Engineers and Land Surveyors, 476 Racing Commission, 503 Texas Medical Board, 504 Texas State Board of Dental Examiners, 507 Texas Board of Nursing, 510 Behavioral Health Executive Council, 515 Board of Pharmacy, 537 State Health Services, Department of, 578 Board of Veterinary Medical Examiners
LBB Staff:
JMc, MGol, THO, NAz
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SB1080 fundamentally alters workforce risk management by mandating the revocation of occupational licenses for employees imprisoned for specific violent or occupation-related crimes, while granting agencies broad discretionary power to revoke licenses for any felony imprisonment. Simultaneously, it establishes a new labor pipeline by authorizing the issuance of provisional licenses to inmates completing educational programs prior to their release. This affects all businesses employing state-licensed professionals, from skilled trades to healthcare.
Q
Who authored SB1080?
SB1080 was authored by Texas Senator Royce West during the Regular Session.
Q
When was SB1080 signed into law?
SB1080 was signed into law by Governor Greg Abbott on May 27, 2025.
Q
Which agencies enforce SB1080?
SB1080 is enforced by Texas Department of Licensing and Regulation (TDLR), Texas Department of Criminal Justice (TDCJ) and All State Licensing Authorities (e.g., TMB, TREC, TSBP, etc.).
Q
How urgent is compliance with SB1080?
The compliance urgency for SB1080 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1080?
The cost impact of SB1080 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB1080 address?
SB1080 addresses topics including corrections, corrections--jails & prisons, occupational regulation, occupational regulation--other trades & professions and corrections--parole, probation & pardons.
Legislative data provided by LegiScanLast updated: November 25, 2025
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