Whenever a city permit or flicense (“license”) is
considered for denial, revocation or suspension because of a criminal
conviction, the following provisions shall apply and supersede any
other provisions in the city code:
(1)
The
official, board or city council with authority to deny, revoke or
suspend a license (“licensing authority”) may suspend
or revoke a license, disqualify a person from receiving a license,
or deny to a person the opportunity to take a licensing examination
on the grounds that the person has been convicted of a felony or misdemeanor
that directly relates to the duties and responsibilities of the licensed
or permitted occupation.
(2)
A license
holder’s license shall be revoked on the license holder’s
imprisonment following a felony conviction, felony community supervision
revocation, revocation of parole, or revocation of mandatory supervision.
(3)
The
city manager is authorized and shall adopt guidelines, factors for
consideration and procedures (“guidelines”) related to
the denial, revocation or suspension of licenses on the grounds that
the person has been convicted of a felony or misdemeanor that directly
relates to the duties and responsibilities of licensed or permitted
occupations regulated by provisions of the city code.
(4)
The
guidelines shall include the factors and additional factors set forth
in sections 53.022 and 53.023 of the Texas Occupations code. The guidelines
shall state the reasons a particular crime is considered to relate
to a particular license and any other criterion that affects the decision
of the licensing authority.
(5)
The
city manager shall hold a public hearing on the proposal, fix a time
and place of the hearing, provide notice of the hearing pursuant to
the Open Meetings Act, and place a copy of the proposed guidelines
in the office of the city secretary for public inspection.
(6)
After
the adoption of the guidelines by the city manager, a notice shall
be posted at the county courthouse and at the city hall building for
a period of ten (10) days, advising of the adoption of the guidelines
and of the location of a copy for public inspection in the offices
of the county clerk and city secretary. A copy shall also be mailed
to each person who has made a timely written request of the city for
advanced notice. Failure to mail the notice does not invalidate an
action taken.
(7)
After
the ten-day period has expired, the county clerk shall return the
guidelines and notice to the city secretary certifying that the guidelines
had been posted as described. The city secretary shall also certify
the posting at city hall and permanently keep the notices and guidelines
available for public inspection.
(8)
The
guidelines become effective immediately upon expiration of the posting
period.
(9)
A licensing
authority that suspends or revokes a license or denies a person a
license or the opportunity to be examined for a license because of
the person’s prior conviction of a crime and the relationship
of the crime to the license shall notify the person in writing of:
(10)
A person whose license has been suspended or revoked or who has been denied a license or the opportunity to take an examination under subsection (1) and who has exhausted the person’s administrative appeals may file an action in the district court in the county in which the licensing authority is located, under the substantial evidence rule, for review of the evidence presented to the licensing authority and the decision of the licensing authority. The petition for such action must be filed not later than the 30th day after the date the licensing authority’s decision is final and applicable.
(11)
“Conviction”
means a conviction in a federal court or court of any state or foreign
nation that has not been reversed, vacated or pardoned.
(12)
Failure to comply with the provisions in the city code that directly apply to the license in question shall be enforced as provided in such provisions and section 1-2-5 and shall be grounds for denial, revocation, or suspension and not subject to the additional requirements for criminal convictions.
(Ordinance 2008-03, sec. 1, adopted 2/12/08)
