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A BILL TO BE ENTITLED
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AN ACT
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relating to certain actions taken by certain licensing authorities |
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regarding a license holder or applicant who received deferred |
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adjudication for certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.356, Occupations Code, is amended to |
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read as follows: |
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Sec. 51.356. DEFERRED ADJUDICATION; LICENSE SUSPENSION, |
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LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE. (a) The |
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commission may deny, suspend, revoke, or refuse to renew a license |
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or other authorization issued by a program regulated by the |
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department if: |
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(1) [the commission determines that a deferred
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adjudication makes] the person holding or seeking the license |
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received deferred adjudication for: |
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(A) an offense for which the person would be |
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required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure; or |
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(B) an offense other than an offense described by |
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Paragraph (A) if: |
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(i) the person completed the period of |
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deferred adjudication less than five years before the date the |
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person applied for the license, unless an order of nondisclosure |
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regarding the offense has been issued under Section 411.081, |
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Government Code; or |
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(ii) a conviction for the offense would |
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make the person ineligible for the license; and |
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(2) the commission determines that the deferred |
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adjudication makes the person unfit for the license. |
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(b) In making a determination under Subsection (a)(2) |
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[(a)], the commission shall consider the factors set forth in |
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Sections 53.022 and 53.023 and the guidelines issued by the |
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department under Section 53.025. |
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SECTION 2. Section 53.021(d), Occupations Code, is amended |
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to read as follows: |
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(d) A licensing authority may consider a person to have been |
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convicted of an offense for purposes of this section regardless of |
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whether the proceedings were dismissed and the person was |
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discharged as described by Subsection (c) if: |
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(1) the person was charged with: |
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(A) an offense that would require the person to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure; or |
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(B) an offense other than an offense described by |
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Paragraph (A) if: |
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(i) the person completed the period of |
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supervision less than five years before the date the person applied |
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for the license, unless an order of nondisclosure regarding the |
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offense has been issued under Section 411.081, Government Code; or |
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(ii) a conviction for the offense would |
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make the person ineligible for the license; and |
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(2) [,] after consideration of the factors described |
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by Sections 53.022 and 53.023(a), the licensing authority |
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determines that: |
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(A) [(1)] the person may pose a continued threat |
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to public safety; or |
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(B) [(2)] employment of the person in the |
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licensed occupation would create a situation in which the person |
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has an opportunity to repeat the prohibited conduct. |
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SECTION 3. The change in law made by this Act applies to an |
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application for, or a disciplinary proceeding regarding, a license |
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or other authorization that is pending with a licensing authority |
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on the effective date of this Act or an application filed or a |
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disciplinary proceeding commenced on or after that date. |
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SECTION 4. This Act takes effect September 1, 2013. |