Bill Text: TX HB1659 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to certain actions taken by certain licensing authorities regarding a license holder or applicant who received deferred adjudication for certain offenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB1659 Detail]
Download: Texas-2013-HB1659-Enrolled.html
H.B. No. 1659 |
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relating to certain actions taken by certain licensing authorities | ||
regarding a license holder or applicant who received deferred | ||
adjudication for certain offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 51.356, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 51.356. DEFERRED ADJUDICATION; LICENSE SUSPENSION, | ||
LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE. (a) The | ||
commission may deny, suspend, revoke, or refuse to renew a license | ||
or other authorization issued by a program regulated by the | ||
department if: | ||
(1) [ |
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received deferred adjudication for: | ||
(A) any offense described by Article 62.001(5), | ||
Code of Criminal Procedure; or | ||
(B) an offense other than an offense described by | ||
Paragraph (A) if: | ||
(i) the person has not completed the period | ||
of deferred adjudication or the person completed the period of | ||
deferred adjudication less than five years before the date the | ||
person applied for the license; or | ||
(ii) a conviction for the offense would | ||
make the person ineligible for the license by operation of law; and | ||
(2) the commission determines that the deferred | ||
adjudication makes the person unfit for the license. | ||
(b) In making a determination under Subsection (a)(2) | ||
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Sections 53.022 and 53.023 and the guidelines issued by the | ||
department under Section 53.025. | ||
SECTION 2. Section 53.021(d), Occupations Code, is amended | ||
to read as follows: | ||
(d) A licensing authority may consider a person to have been | ||
convicted of an offense for purposes of this section regardless of | ||
whether the proceedings were dismissed and the person was | ||
discharged as described by Subsection (c) if: | ||
(1) the person was charged with: | ||
(A) any offense described by Article 62.001(5), | ||
Code of Criminal Procedure; or | ||
(B) an offense other than an offense described by | ||
Paragraph (A) if: | ||
(i) the person has not completed the period | ||
of supervision or the person completed the period of supervision | ||
less than five years before the date the person applied for the | ||
license; or | ||
(ii) a conviction for the offense would | ||
make the person ineligible for the license by operation of law; and | ||
(2) [ |
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by Sections 53.022 and 53.023(a), the licensing authority | ||
determines that: | ||
(A) [ |
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to public safety; or | ||
(B) [ |
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licensed occupation would create a situation in which the person | ||
has an opportunity to repeat the prohibited conduct. | ||
SECTION 3. The change in law made by this Act applies to an | ||
application for a license or other authorization that is filed, or a | ||
proceeding to revoke or suspend a license or authorization that is | ||
commenced, on or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1659 was passed by the House on May 8, | ||
2013, by the following vote: Yeas 144, Nays 3, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1659 on May 24, 2013, by the following vote: Yeas 143, Nays 0, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1659 was passed by the Senate, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 21, Nays | ||
10. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |