85R19372 JSC-F
By: Allen, White H.B. No. 1426
Substitute the following for H.B. No. 1426:
By: White C.S.H.B. No. 1426
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a certificate of relief from collateral
consequences to certain persons placed on community supervision,
including deferred adjudication community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 68 to read as follows:
CHAPTER 68. CERTIFICATE OF RELIEF FROM COLLATERAL CONSEQUENCES
Art. 68.001. DEFINITIONS. In this chapter:
(1) "Certificate" means a certificate of relief from
collateral consequences issued under this chapter.
(2) "Collateral consequence" means, as an indirect
consequence of a person's criminal history record information, the
revocation, suspension, or denial of licensure under Section
53.021, Occupations Code.
(3) "Criminal history record information" has the
meaning assigned by Section 411.082, Government Code.
Art. 68.002. ELIGIBILITY. Except as otherwise provided by
this article, a person is eligible for a certificate if the person
successfully completed:
(1) a term of deferred adjudication community
supervision and the judge has dismissed the proceedings and
discharged the person under Article 42A.111; or
(2) a term of community supervision and the person's
conviction is set aside under Article 42A.701.
Art. 68.003. PROVISION OF CERTIFICATE. The court shall
provide a certificate to an eligible individual not later than the
30th day after the date the person becomes eligible for the
certificate, as provided by Article 68.002.
Art. 68.004. CONTENT OF CERTIFICATE. A certificate must
state that the recipient has completed a term of community
supervision and all requirements imposed by the court related to
the offense and is relieved of all penalties, disqualifications,
and disabilities resulting from the offense.
Art. 68.005. EFFECT OF CERTIFICATE. (a) If a person has
met the eligibility requirements under Article 68.002, the person's
criminal history record information for the offense that is the
subject of the certificate may not be used as grounds for denying a
professional license to the person, provided that the person is
otherwise qualified for the license.
(b) If a licensing authority is prohibited by law from
granting a specific occupational license to a person who has been
convicted of or placed on deferred adjudication community
supervision for a specific offense, a certificate does not overcome
that prohibition.
(c) Subsection (a) does not apply to a professional license
issued under Subtitle A, Title 5, or Title 10, Occupations Code. An
agency that issues licenses under those provisions shall comply
with Sections 53.022 and 53.023 of that code in determining whether
a person qualifies for a license.
(d) Subsection (a) does not prohibit a licensing agency from
restricting a person to a provisional or probationary license.
Art. 68.006. NULLIFICATION OF CERTIFICATE. The effect of a
person's certificate is nullified if the appropriate licensing
authority finds that the person, after receiving the certificate,
has committed an offense that is a Class A misdemeanor or higher
category of offense.
SECTION 2. The change in law made by this Act applies to a
person eligible for a certificate under Article 68.002, Code of
Criminal Procedure, as added by this Act, regardless of whether the
person completed a term of community supervision before, on, or
after that date.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.