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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) any offense described by Article 62.001(5), |
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Code of 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 has not completed the period |
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of deferred adjudication or 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; or |
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(ii) a conviction for the offense would |
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make the person ineligible for the license by operation of law; 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) any offense described by Article 62.001(5), |
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Code of 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 has not completed the period |
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of supervision or the person completed the period of supervision |
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less than five years before the date the person applied for the |
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license; or |
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(ii) a conviction for the offense would |
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make the person ineligible for the license by operation of law; 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 a license or other authorization that is filed, or a |
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proceeding to revoke or suspend a license or authorization that is |
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commenced, on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |
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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. 1659 was passed by the House on May 8, |
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2013, by the following vote: Yeas 144, Nays 3, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1659 on May 24, 2013, by the following vote: Yeas 143, Nays 0, |
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3 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. 1659 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 21, Nays |
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10. |
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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 |