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.