By: Thompson of Harris H.B. No. 1659
COMMITTEE SUBSTITUTE FOR H.B. No. 1659By: Hinojosa By: Hinojosa
(In the Senate - Received from the House May 9, 2013;
May 10, 2013, read first time and referred to Committee on Criminal
Justice; May 17, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 2;
May 17, 2013, sent to printer.)
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. Section 51.356, Occupations Code, is amended to
read as follows:
Sec. 51.356. DEFERRED ADJUDICATION; LICENSE SUSPENSION,
LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE. (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:
(A) any offense described by Article 62.001(5),
Code of Criminal Procedure; or
(B) an offense other than an offense described by
Paragraph (A) if:
(i) the person has not completed the period
of deferred adjudication or the person completed the period of
deferred adjudication less than five years before the date the
person applied for the license; or
(ii) a conviction for the offense would
make the person ineligible for the license by operation of law; and
(2) the commission determines that the deferred
adjudication makes the person unfit for the license.
(b) In making a determination under Subsection (a)(2)
[(a)], the commission shall consider the factors set forth in
Sections 53.022 and 53.023 and the guidelines issued by the
department under Section 53.025.
SECTION 2. 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:
(A) any offense described by Article 62.001(5),
Code of Criminal Procedure; or
(B) an offense other than an offense described by
Paragraph (A) if:
(i) the person has not completed the period
of supervision or the person completed the period of supervision
less than five years before the date the person applied for the
license; or
(ii) a conviction for the offense would
make the person ineligible for the license by operation of law; 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 3. The change in law made by this Act applies to an
application for a license or other authorization that is filed, or a
proceeding to revoke or suspend a license or authorization that is
commenced, on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2013.
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