By Allen H.B. No. 2030 77R4661 GWK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the effect of deferred adjudications and convictions on 1-3 certain licenses issued by the state. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 5, Article 42.12, Code of Criminal 1-6 Procedure, is amended by adding Subsection (g) to read as follows: 1-7 (g)(1) In this subsection, "license" and "licensing 1-8 authority" have the meanings assigned by Article 62.08(e). 1-9 (2) This subsection applies only to a person who on or 1-10 after September 1, 2001: 1-11 (A) is placed on deferred adjudication community 1-12 supervision, if the adjudication does not require the person to 1-13 register as a sex offender under Chapter 62; and 1-14 (B) applies for an original license or the 1-15 renewal of a license. 1-16 (3) Notwithstanding Subsection (c) or any other law, 1-17 if a law of this state prohibits a licensing authority from issuing 1-18 to a person a license to practice or engage in a particular 1-19 business, occupation, or profession on the basis of a criminal 1-20 conviction and does not impose an identical prohibition on issuing 1-21 a license to a person placed on deferred adjudication, the 1-22 licensing authority is nonetheless prohibited from issuing the 1-23 license. 1-24 SECTION 2. Article 62.08(d), Code of Criminal Procedure, is 2-1 amended to read as follows: 2-2 (d) On the written request of a licensing authority that 2-3 identifies an individual and states that the individual is an 2-4 applicant for or a holder of a license issued by the authority, the 2-5 department shall release any information described by Subsection 2-6 (a) to the licensing authority. The licensing authority shall 2-7 revoke any license held by an individual and deny an individual's 2-8 application for an original or renewal license issued by the 2-9 authority if the individual: 2-10 (1) is required to register as a sex offender under 2-11 this chapter; and 2-12 (2) is determined by the licensing authority to enter 2-13 the residence of another while practicing the business, occupation, 2-14 or profession for which the licensing authority grants licenses. 2-15 SECTION 3. The change in law made by this Act to Article 2-16 62.08(d), Code of Criminal Procedure, applies to an individual 2-17 required to register as a sex offender under Chapter 62, Code of 2-18 Criminal Procedure, as amended by this Act, on or after the 2-19 effective date of this Act, regardless of when the offense giving 2-20 rise to registration was committed. 2-21 SECTION 4. This Act takes effect September 1, 2001.