83R3177 MAW-F
By: Thompson of Harris H.B. No. 1659
A BILL TO BE ENTITLED
AN ACT
relating to certain actions taken by certain licensing authorities
regarding a license holder or applicant who received deferred
adjudication for certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 51.356, Occupations Code,
is amended to read as follows:
Sec. 51.356. DEFERRED ADJUDICATION FOR SEX OFFENDER;
LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO
RENEW LICENSE.
SECTION 2. Section 51.356(a), Occupations Code, is amended
to read as follows:
(a) The commission may deny, suspend, revoke, or refuse to
renew a license or other authorization issued by a program
regulated by the department if:
(1) [the commission determines that a deferred
adjudication makes] the person holding or seeking the license
received deferred adjudication for an offense for which the person
would be required to register as a sex offender under Chapter 62,
Code of Criminal Procedure; and
(2) the commission determines that the deferred
adjudication makes the person unfit for the license.
SECTION 3. Section 53.021(d), Occupations Code, is amended
to read as follows:
(d) A licensing authority may consider a person to have been
convicted of an offense for purposes of this section regardless of
whether the proceedings were dismissed and the person was
discharged as described by Subsection (c) if:
(1) the person was charged with an offense that would
require the person to register as a sex offender under Chapter 62,
Code of Criminal Procedure; and
(2) [,] after consideration of the factors described
by Sections 53.022 and 53.023(a), the licensing authority
determines that:
(A) [(1)] the person may pose a continued threat
to public safety; or
(B) [(2)] employment of the person in the
licensed occupation would create a situation in which the person
has an opportunity to repeat the prohibited conduct.
SECTION 4. The change in law made by this Act applies to an
application for, or a disciplinary proceeding regarding, a license
or other authorization that is pending with a licensing authority
on the effective date of this Act or an application filed or a
disciplinary proceeding commenced on or after that date.
SECTION 5. This Act takes effect September 1, 2013.