87R17617 MAW-D     By: Allen, Guillen H.B. No. 4214     Substitute the following for H.B. No. 4214:     By:  Murr C.S.H.B. No. 4214       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility for an occupational license by certain   former inmates and the practice of certain occupations by an inmate   of the Texas Department of Criminal Justice.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 51.4041(a-1), Occupations Code, is   amended to read as follows:          (a-1)  Notwithstanding any other law, the alternative means   adopted under Subsection (a) may include accepting [as sufficient   evidence of a person's eligibility for a license] relevant   education, training, or experience obtained while the person was   imprisoned if the person:                (1)  [previously held a license of the same type for   which the person is applying and the license was revoked under   Section 53.021(b);                [(2)]  has not been convicted of, placed on deferred   adjudication for, or entered a plea of guilty or nolo contendere to:                      (A)  an offense listed in Article 42A.054, Code of   Criminal Procedure;                      (B)  a sexually violent offense, as defined by   Article 62.001, Code of Criminal Procedure; or                      (C)  an offense under Chapter 21 or 43, Penal   Code; and                (2) [(3)]  while imprisoned [, maintained a record of   good behavior and]:                      (A)  successfully participated in a program   acceptable to the department to prepare the person for reentry into   the workforce in the occupation for which the person seeks a   license; or                      (B)  performed work, under supervision acceptable   to the department, [on a regular basis] in the occupation for which   the person seeks a license.          SECTION 2.  Subchapter H, Chapter 51, Occupations Code, is   amended by adding Section 51.4042 to read as follows:          Sec. 51.4042.  ELIGIBILITY OF INMATES FOR CERTAIN LICENSES.   Notwithstanding any other law, the commission may adopt rules   authorizing the issuance of a license under Chapter 1302, 1305,   1601, 1602, or 1603 to an applicant who is an inmate of the Texas   Department of Criminal Justice.          SECTION 3.  Subchapter B, Chapter 1302, Occupations Code, is   amended by adding Section 1302.062 to read as follows:          Sec. 1302.062.  INMATES. This chapter does not apply to a   person who performs air conditioning and refrigeration-related   work as an inmate in the Texas Department of Criminal Justice if the   work is performed as part of a reentry program or under supervision   acceptable to the department.          SECTION 4.  Section 1305.003, Occupations Code, is amended   by adding Subsection (a-1) to read as follows:          (a-1)  This chapter does not apply to a person who performs   electrical work as an inmate in the Texas Department of Criminal   Justice if the work is performed as part of a reentry program or   under supervision acceptable to the department.          SECTION 5.  Section 1601.003, Occupations Code, is amended   to read as follows:          Sec. 1601.003.  APPLICATION OF CHAPTER. (a) This chapter   does not apply to a person who:                (1)  does not represent or advertise to the public   directly or indirectly that the person is authorized by the   department to practice barbering; and                (2)  is:                      (A)  a physician or registered nurse licensed in   this state and operating within the scope of the person's license;                      (B)  a commissioned or authorized medical or   surgical officer of the United States armed forces;                      (C)  a person regulated under Chapter 1602, if the   person practices within the scope of a permit, license, or   certificate issued by the department under that chapter; or                      (D)  [an inmate in the institutional division of   the Texas Department of Criminal Justice who performs barbering   during the person's incarceration; or                      [(E)]  a person who performs only natural hair   braiding, including braiding a person's hair, trimming hair   extensions only as applicable to the braiding process, and   attaching commercial hair by braiding and without the use of   chemicals or adhesives.          (b)  This chapter does not apply to a person who performs   barbering as an inmate in the Texas Department of Criminal Justice   if the work is performed as part of a reentry program or under   supervision acceptable to the department.          SECTION 6.  Section 1602.003, Occupations Code, is amended   by adding Subsection (c) to read as follows:          (c)  This chapter does not apply to a person who performs   cosmetology as an inmate in the Texas Department of Criminal   Justice if the work is performed as part of a reentry program or   under supervision acceptable to the department.          SECTION 7.  This Act takes effect September 1, 2021.