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AN ACT
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relating to the power of a licensing authority to revoke, suspend, |
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or deny a license on the basis of certain criminal proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 53.021, Occupations Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) Except as provided by Subsections (d) and (e), |
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notwithstanding any other law, a licensing authority may not |
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consider a person to have been convicted of an offense for purposes |
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of this section if, regardless of the statutory authorization: |
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(1) the person entered a plea of guilty or nolo |
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contendere; |
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(2) the judge deferred further proceedings without |
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entering an adjudication of guilt and placed the person under the |
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supervision of the court or an officer under the supervision of the |
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court; and |
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(3) at the end of the period of supervision, the judge |
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dismissed the proceedings and discharged the person. |
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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, after consideration |
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of the factors described by Sections 53.022 and 53.023(a), the |
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licensing authority determines that: |
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(1) the person may pose a continued threat to public |
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safety; or |
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(2) employment of the person in the licensed |
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occupation would create a situation in which the person has an |
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opportunity to repeat the prohibited conduct. |
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(e) Subsection (c) does not apply if the person is an |
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applicant for or the holder of a license that authorizes the person |
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to provide: |
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(1) law enforcement or public health, education, or |
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safety services; or |
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(2) financial services in an industry regulated by a |
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person listed in Section 411.081(i)(19), Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2808 was passed by the House on April |
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28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2808 on May 29, 2009, by the following vote: Yeas 139, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2808 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |