Bill Text: TX SB263 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the revocation, suspension, or restriction of the license of a physician placed on deferred adjudication community supervision or arrested for certain offenses.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB263 Detail]

Download: Texas-2011-SB263-Enrolled.html

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S.B. No. 263

AN ACT
relating to the revocation, suspension, or restriction of the
license of a physician placed on deferred adjudication community
supervision or arrested for certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 164.057, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) The board shall revoke the license of a physician placed
on deferred adjudication community supervision for an offense
under:
(1) Section 22.011(a)(2), Penal Code (sexual assault
of a child);
(2) Section 22.021(a)(1)(B), Penal Code (aggravated
sexual assault of a child); or
(3) Section 21.11, Penal Code (indecency with a
child).
SECTION 2. Subchapter B, Chapter 164, Occupations Code, is
amended by adding Section 164.0595 to read as follows:
Sec. 164.0595. TEMPORARY SUSPENSION OR RESTRICTION OF
LICENSE FOR CERTAIN ARRESTS. (a) A disciplinary panel appointed
under Section 164.059 may suspend or restrict the license of a
person arrested for an offense under:
(1) Section 22.011(a)(2), Penal Code (sexual assault
of a child);
(2) Section 22.021(a)(1)(B), Penal Code (aggravated
sexual assault of a child);
(3) Section 21.02, Penal Code (continuous sexual abuse
of a young child or children); or
(4) Section 21.11, Penal Code (indecency with a
child).
(b) Before suspending or restricting a license under this
section, the disciplinary panel must determine that the person
arrested for an offense listed in Subsection (a) is the same person
who holds a license issued by the board.
(c) A suspension or restriction under this section remains
in effect until the final disposition of the case.
(d) Sections 164.059(c), (d), (e), (f), and (g) apply to a
suspension or restriction under this section.
(e) The board shall adopt rules to implement this section,
including rules regarding evidence that serves as proof of final
disposition of a case.
SECTION 3. Subsection (b), Section 164.102, Occupations
Code, is amended to read as follows:
(b) Except on an express determination, based on
substantial evidence, that granting probation is in the best
interests of the public and of the person whose license has been
suspended, revoked, or canceled, the board may not grant probation
to a person whose license has been canceled, revoked, or suspended
because of a felony conviction under:
(1) Chapter 481 or 483, Health and Safety Code;
(2) Section 485.033, Health and Safety Code; [or]
(3) the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. Section 801 et seq.); or
(4) any of the following sections of the Penal Code:
(A) Section 22.011(a)(2) (sexual assault of a
child);
(B) Section 22.021(a)(1)(B) (aggravated sexual
assault of a child);
(C) Section 21.02 (continuous sexual abuse of a
young child or children); or
(D) Section 21.11 (indecency with a child).
SECTION 4. (a) Subsection (c), Section 164.057, and
Section 164.0595, Occupations Code, as added by this Act, and
Section 164.102, Occupations Code, as amended by this Act, apply
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 263 passed the Senate on
March 17, 2011, by the following vote: Yeas 31, Nays 0;
May 23, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 24, 2011, House
granted request of the Senate; May 28, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 263 passed the House, with
amendments, on May 20, 2011, by the following vote: Yeas 149,
Nays 0, one present not voting; May 24, 2011, House granted request
of the Senate for appointment of Conference Committee;
May 27, 2011, House adopted Conference Committee Report by the
following vote: Yeas 141, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor