Texas 2023 - 88th Regular

Texas House Bill HB93 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R10839 JSC-D
2	2	By: Swanson, Cook, Frazier, Toth, Leo-Wilson H.B. No. 93
3	3	Substitute the following for H.B. No. 93:
4	4	By: Herrero C.S.H.B. No. 93
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to changing the eligibility for community supervision and
10	10	parole for certain repeat intoxication offenders.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42A.054(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) Article 42A.053 does not apply to a defendant adjudged
15	15	guilty of an offense under:
16	16	(1) Section 15.03, Penal Code, if the offense is
17	17	punishable as a felony of the first degree;
18	18	(2) Section 19.02, Penal Code (Murder);
19	19	(3) Section 19.03, Penal Code (Capital Murder);
20	20	(4) Section 20.04, Penal Code (Aggravated
21	21	Kidnapping);
22	22	(5) Section 20A.02, Penal Code (Trafficking of
23	23	Persons);
24	24	(6) Section 20A.03, Penal Code (Continuous
25	25	Trafficking of Persons);
26	26	(7) Section 21.11, Penal Code (Indecency with a
27	27	Child);
28	28	(8) Section 22.011, Penal Code (Sexual Assault);
29	29	(9) Section 22.021, Penal Code (Aggravated Sexual
30	30	Assault);
31	31	(10) Section 22.04(a)(1), Penal Code (Injury to a
32	32	Child, Elderly Individual, or Disabled Individual), if:
33	33	(A) the offense is punishable as a felony of the
34	34	first degree; and
35	35	(B) the victim of the offense is a child;
36	36	(11) Section 29.03, Penal Code (Aggravated Robbery);
37	37	(12) Section 30.02, Penal Code (Burglary), if:
38	38	(A) the offense is punishable under Subsection
39	39	(d) of that section; and
40	40	(B) the actor committed the offense with the
41	41	intent to commit a felony under Section 21.02, 21.11, 22.011,
42	42	22.021, or 25.02, Penal Code;
43	43	(13) Section 43.04, Penal Code (Aggravated Promotion
44	44	of Prostitution);
45	45	(14) Section 43.05, Penal Code (Compelling
46	46	Prostitution);
47	47	(15) Section 43.25, Penal Code (Sexual Performance by
48	48	a Child);
49	49	(16) Section 49.04, 49.045, 49.05, 49.06, 49.065,
50	50	49.07, or 49.08, Penal Code, if it is shown that the defendant has
51	51	been previously convicted two or more times of one of those offenses
52	52	or any combination of those offenses;
53	53	(17) Chapter 481, Health and Safety Code, for which
54	54	punishment is increased under:
55	55	(A) Section 481.140 of that code (Use of Child in
56	56	Commission of Offense); or
57	57	(B) Section 481.134(c), (d), (e), or (f) of that
58	58	code (Drug-free Zones) if it is shown that the defendant has been
59	59	previously convicted of an offense for which punishment was
60	60	increased under any of those subsections; or
61	61	(18) [(17)] Section 481.1123, Health and Safety Code
62	62	(Manufacture or Delivery of Substance in Penalty Group 1-B), if the
63	63	offense is punishable under Subsection (d), (e), or (f) of that
64	64	section.
65	65	SECTION 2. Section 773.0614(c), Health and Safety Code, is
66	66	amended to read as follows:
67	67	(c) A certificate holder's certificate shall be revoked if
68	68	the certificate holder has been convicted of or placed on deferred
69	69	adjudication community supervision or deferred disposition for:
70	70	(1) an offense listed in Article 42A.054(a)(2), (3),
71	71	(4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
72	72	Procedure; or
73	73	(2) an offense, other than an offense described by
74	74	Subdivision (1), committed on or after September 1, 2009, for which
75	75	the person is subject to registration under Chapter 62, Code of
76	76	Criminal Procedure.
77	77	SECTION 3. Section 773.06141(a), Health and Safety Code, is
78	78	amended to read as follows:
79	79	(a) The department may suspend, revoke, or deny an emergency
80	80	medical services provider license on the grounds that the
81	81	provider's administrator of record, employee, or other
82	82	representative:
83	83	(1) has been convicted of, or placed on deferred
84	84	adjudication community supervision or deferred disposition for, an
85	85	offense that directly relates to the duties and responsibilities of
86	86	the administrator, employee, or representative, other than an
87	87	offense described by Section 542.304, Transportation Code;
88	88	(2) has been convicted of or placed on deferred
89	89	adjudication community supervision or deferred disposition for an
90	90	offense, including:
91	91	(A) an offense listed in Article 42A.054(a)(2),
92	92	(3), (4), (7), (8), (9), (11), or (17) [(16)], Code of Criminal
93	93	Procedure; or
94	94	(B) an offense, other than an offense described
95	95	by Subdivision (1), for which the person is subject to registration
96	96	under Chapter 62, Code of Criminal Procedure; or
97	97	(3) has been convicted of Medicare or Medicaid fraud,
98	98	has been excluded from participation in the state Medicaid program,
99	99	or has a hold on payment for reimbursement under the state Medicaid
100	100	program under Subchapter C, Chapter 531, Government Code.
101	101	SECTION 4. The change in law made by this Act applies only
102	102	to an offense committed on or after the effective date of this Act.
103	103	An offense committed before the effective date of this Act is
104	104	governed by the law in effect on the date the offense was committed,
105	105	and the former law is continued in effect for that purpose. For
106	106	purposes of this section, an offense was committed before the
107	107	effective date of this Act if any element of the offense occurred
108	108	before that date.
109	109	SECTION 5. This Act takes effect September 1, 2023.