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.