HBA-JLV H.B. 2030 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2030
By: Allen
Criminal Jurisprudence
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits certain state agencies and commissions (licensing
authorities) from issuing licenses to individuals who have a criminal
conviction to practice in a certain business, occupation, or profession.
However, persons placed on deferred adjudication are not subject to the
same restrictions.  House Bill 2030 extends this prohibition to include
those individuals who have been placed on deferred adjudication. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2030 amends the Code of Criminal Procedure to prohibit a
licensing authority from issuing a license to a person who, on or after
September 1, 2001, is placed on deferred adjudication community
supervision, if the adjudication does not require the person to register as
a sex offender, and applies for an original license or the renewal of a
license.  The bill prohibits the licensing authority from issuing a license
if a law of this state prohibits a licensing authority from issuing to a
person a license to practice or engage in a particular business,
occupation, or profession on the basis of a criminal conviction and does
not impose an identical prohibition on issuing a license to a person placed
on deferred adjudication. 

The bill requires the licensing authority to revoke any license held by an
individual and deny an individual's application for an original or renewal
license issued by the authority if the individual is required to register
as a sex offender and is determined by the licensing authority to enter the
residence of another while practicing the business, occupation, or
profession for which the licensing authority grants licenses. 

EFFECTIVE DATE

September 1, 2001.