Bill Text: TX HB1426 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the issuance of a certificate of relief from collateral consequences to certain persons placed on community supervision, including deferred adjudication community supervision, for certain criminal offenses.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB1426 Detail]
Download: Texas-2017-HB1426-Comm_Sub.html
Bill Title: Relating to the issuance of a certificate of relief from collateral consequences to certain persons placed on community supervision, including deferred adjudication community supervision, for certain criminal offenses.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB1426 Detail]
Download: Texas-2017-HB1426-Comm_Sub.html
85R19372 JSC-F | |||
By: Allen, White | H.B. No. 1426 | ||
Substitute the following for H.B. No. 1426: | |||
By: White | C.S.H.B. No. 1426 |
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relating to the issuance of a certificate of relief from collateral | ||
consequences to certain persons placed on community supervision, | ||
including deferred adjudication community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 1, Code of Criminal Procedure, is amended | ||
by adding Chapter 68 to read as follows: | ||
CHAPTER 68. CERTIFICATE OF RELIEF FROM COLLATERAL CONSEQUENCES | ||
Art. 68.001. DEFINITIONS. In this chapter: | ||
(1) "Certificate" means a certificate of relief from | ||
collateral consequences issued under this chapter. | ||
(2) "Collateral consequence" means, as an indirect | ||
consequence of a person's criminal history record information, the | ||
revocation, suspension, or denial of licensure under Section | ||
53.021, Occupations Code. | ||
(3) "Criminal history record information" has the | ||
meaning assigned by Section 411.082, Government Code. | ||
Art. 68.002. ELIGIBILITY. Except as otherwise provided by | ||
this article, a person is eligible for a certificate if the person | ||
successfully completed: | ||
(1) a term of deferred adjudication community | ||
supervision and the judge has dismissed the proceedings and | ||
discharged the person under Article 42A.111; or | ||
(2) a term of community supervision and the person's | ||
conviction is set aside under Article 42A.701. | ||
Art. 68.003. PROVISION OF CERTIFICATE. The court shall | ||
provide a certificate to an eligible individual not later than the | ||
30th day after the date the person becomes eligible for the | ||
certificate, as provided by Article 68.002. | ||
Art. 68.004. CONTENT OF CERTIFICATE. A certificate must | ||
state that the recipient has completed a term of community | ||
supervision and all requirements imposed by the court related to | ||
the offense and is relieved of all penalties, disqualifications, | ||
and disabilities resulting from the offense. | ||
Art. 68.005. EFFECT OF CERTIFICATE. (a) If a person has | ||
met the eligibility requirements under Article 68.002, the person's | ||
criminal history record information for the offense that is the | ||
subject of the certificate may not be used as grounds for denying a | ||
professional license to the person, provided that the person is | ||
otherwise qualified for the license. | ||
(b) If a licensing authority is prohibited by law from | ||
granting a specific occupational license to a person who has been | ||
convicted of or placed on deferred adjudication community | ||
supervision for a specific offense, a certificate does not overcome | ||
that prohibition. | ||
(c) Subsection (a) does not apply to a professional license | ||
issued under Subtitle A, Title 5, or Title 10, Occupations Code. An | ||
agency that issues licenses under those provisions shall comply | ||
with Sections 53.022 and 53.023 of that code in determining whether | ||
a person qualifies for a license. | ||
(d) Subsection (a) does not prohibit a licensing agency from | ||
restricting a person to a provisional or probationary license. | ||
Art. 68.006. NULLIFICATION OF CERTIFICATE. The effect of a | ||
person's certificate is nullified if the appropriate licensing | ||
authority finds that the person, after receiving the certificate, | ||
has committed an offense that is a Class A misdemeanor or higher | ||
category of offense. | ||
SECTION 2. The change in law made by this Act applies to a | ||
person eligible for a certificate under Article 68.002, Code of | ||
Criminal Procedure, as added by this Act, regardless of whether the | ||
person completed a term of community supervision before, on, or | ||
after that date. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |