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A BILL TO BE ENTITLED
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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. The heading to Section 51.356, Occupations Code, |
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is amended to read as follows: |
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Sec. 51.356. DEFERRED ADJUDICATION FOR SEX OFFENDER; |
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LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO |
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RENEW LICENSE. |
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SECTION 2. Section 51.356(a), Occupations Code, is amended |
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to read as follows: |
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(a) The commission may deny, suspend, revoke, or refuse to |
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renew a license or other authorization issued by a program |
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regulated by the 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 an offense for which the person |
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would be required to register as a sex offender under Chapter 62, |
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Code of Criminal Procedure; 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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SECTION 3. 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 an offense that would |
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require the person to register as a sex offender under Chapter 62, |
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Code of Criminal Procedure; 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 4. The change in law made by this Act applies to an |
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application for, or a disciplinary proceeding regarding, a license |
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or other authorization that is pending with a licensing authority |
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on the effective date of this Act or an application filed or a |
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disciplinary proceeding commenced on or after that date. |
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SECTION 5. This Act takes effect September 1, 2013. |