Texas 2023 - 88th Regular

Texas House Bill HB1629 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8354 JRR-D
2	2	By: Wu H.B. No. 1629
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to changing the eligibility for community supervision of a
8	8	person convicted of certain burglary offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
11	11	is amended to read as follows:
12	12	(a) Article 42A.053 does not apply to a defendant adjudged
13	13	guilty of an offense under:
14	14	(1) Section 15.03, Penal Code, if the offense is
15	15	punishable as a felony of the first degree;
16	16	(2) Section 19.02, Penal Code (Murder);
17	17	(3) Section 19.03, Penal Code (Capital Murder);
18	18	(4) Section 20.04, Penal Code (Aggravated
19	19	Kidnapping);
20	20	(5) Section 20A.02, Penal Code (Trafficking of
21	21	Persons);
22	22	(6) Section 20A.03, Penal Code (Continuous
23	23	Trafficking of Persons);
24	24	(7) Section 21.11, Penal Code (Indecency with a
25	25	Child);
26	26	(8) Section 22.011, Penal Code (Sexual Assault);
27	27	(9) Section 22.021, Penal Code (Aggravated Sexual
28	28	Assault);
29	29	(10) Section 22.04(a)(1), Penal Code (Injury to a
30	30	Child, Elderly Individual, or Disabled Individual), if:
31	31	(A) the offense is punishable as a felony of the
32	32	first degree; and
33	33	(B) the victim of the offense is a child;
34	34	(11) Section 29.03, Penal Code (Aggravated Robbery);
35	35	(12) [Section 30.02, Penal Code (Burglary), if:
36	36	[(A) the offense is punishable under Subsection
37	37	(d) of that section; and
38	38	[(B) the actor committed the offense with the
39	39	intent to commit a felony under Section 21.02, 21.11, 22.011,
40	40	22.021, or 25.02, Penal Code;
41	41	[(13)] Section 43.04, Penal Code (Aggravated
42	42	Promotion of Prostitution);
43	43	(13) [(14)] Section 43.05, Penal Code (Compelling
44	44	Prostitution);
45	45	(14) [(15)] Section 43.25, Penal Code (Sexual
46	46	Performance by a Child);
47	47	(15) [(16)] Chapter 481, Health and Safety Code, for
48	48	which punishment is increased under:
49	49	(A) Section 481.140 of that code (Use of Child in
50	50	Commission of Offense); or
51	51	(B) Section 481.134(c), (d), (e), or (f) of that
52	52	code (Drug-free Zones) if it is shown that the defendant has been
53	53	previously convicted of an offense for which punishment was
54	54	increased under any of those subsections; or
55	55	(16) [(17)] Section 481.1123, Health and Safety Code
56	56	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
57	57	offense is punishable under Subsection (d), (e), or (f) of that
58	58	section.
59	59	SECTION 2. Section 773.0614(c), Health and Safety Code, is
60	60	amended to read as follows:
61	61	(c) A certificate holder's certificate shall be revoked if
62	62	the certificate holder has been convicted of or placed on deferred
63	63	adjudication community supervision or deferred disposition for:
64	64	(1) an offense listed in Article 42A.054(a)(2), (3),
65	65	(4), (7), (8), (9), (11), or (15) [(16)], Code of Criminal
66	66	Procedure; or
67	67	(2) an offense, other than an offense described by
68	68	Subdivision (1), committed on or after September 1, 2009, for which
69	69	the person is subject to registration under Chapter 62, Code of
70	70	Criminal Procedure.
71	71	SECTION 3. Section 773.06141(a), Health and Safety Code, is
72	72	amended to read as follows:
73	73	(a) The department may suspend, revoke, or deny an emergency
74	74	medical services provider license on the grounds that the
75	75	provider's administrator of record, employee, or other
76	76	representative:
77	77	(1) has been convicted of, or placed on deferred
78	78	adjudication community supervision or deferred disposition for, an
79	79	offense that directly relates to the duties and responsibilities of
80	80	the administrator, employee, or representative, other than an
81	81	offense described by Section 542.304, Transportation Code;
82	82	(2) has been convicted of or placed on deferred
83	83	adjudication community supervision or deferred disposition for an
84	84	offense, including:
85	85	(A) an offense listed in Article 42A.054(a)(2),
86	86	(3), (4), (7), (8), (9), (11), or (15) [(16)], Code of Criminal
87	87	Procedure; or
88	88	(B) an offense, other than an offense described
89	89	by Subdivision (1), for which the person is subject to registration
90	90	under Chapter 62, Code of Criminal Procedure; or
91	91	(3) has been convicted of Medicare or Medicaid fraud,
92	92	has been excluded from participation in the state Medicaid program,
93	93	or has a hold on payment for reimbursement under the state Medicaid
94	94	program under Subchapter C, Chapter 531, Government Code.
95	95	SECTION 4. The change in law made by this Act applies only
96	96	to an offense committed on or after the effective date of this Act.
97	97	An offense committed before the effective date of this Act is
98	98	governed by the law in effect on the date the offense was committed,
99	99	and the former law is continued in effect for that purpose. For
100	100	purposes of this section, an offense was committed before the
101	101	effective date of this Act if any element of the offense occurred
102	102	before that date.
103	103	SECTION 5. This Act takes effect September 1, 2023.