85R19372 JSC-F
 
  By: Allen, White H.B. No. 1426
 
  Substitute the following for H.B. No. 1426:
 
  By:  White C.S.H.B. No. 1426
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance of a certificate of relief from collateral
  consequences to certain persons placed on community supervision,
  including deferred adjudication community supervision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 68 to read as follows:
  CHAPTER 68. CERTIFICATE OF RELIEF FROM COLLATERAL CONSEQUENCES
         Art. 68.001.  DEFINITIONS. In this chapter:
               (1)  "Certificate" means a certificate of relief from
  collateral consequences issued under this chapter.
               (2)  "Collateral consequence" means, as an indirect
  consequence of a person's criminal history record information, the
  revocation, suspension, or denial of licensure under Section
  53.021, Occupations Code.
               (3)  "Criminal history record information" has the
  meaning assigned by Section 411.082, Government Code.
         Art. 68.002.  ELIGIBILITY. Except as otherwise provided by
  this article, a person is eligible for a certificate if the person
  successfully completed:
               (1)  a term of deferred adjudication community
  supervision and the judge has dismissed the proceedings and
  discharged the person under Article 42A.111; or
               (2)  a term of community supervision and the person's
  conviction is set aside under Article 42A.701.
         Art. 68.003.  PROVISION OF CERTIFICATE. The court shall
  provide a certificate to an eligible individual not later than the
  30th day after the date the person becomes eligible for the
  certificate, as provided by Article 68.002.
         Art. 68.004.  CONTENT OF CERTIFICATE. A certificate must
  state that the recipient has completed a term of community
  supervision and all requirements imposed by the court related to
  the offense and is relieved of all penalties, disqualifications,
  and disabilities resulting from the offense.
         Art. 68.005.  EFFECT OF CERTIFICATE. (a) If a person has
  met the eligibility requirements under Article 68.002, the person's
  criminal history record information for the offense that is the
  subject of the certificate may not be used as grounds for denying a
  professional license to the person, provided that the person is
  otherwise qualified for the license.
         (b)  If a licensing authority is prohibited by law from
  granting a specific occupational license to a person who has been
  convicted of or placed on deferred adjudication community
  supervision for a specific offense, a certificate does not overcome
  that prohibition.
         (c)  Subsection (a) does not apply to a professional license
  issued under Subtitle A, Title 5, or Title 10, Occupations Code. An
  agency that issues licenses under those provisions shall comply
  with Sections 53.022 and 53.023 of that code in determining whether
  a person qualifies for a license.
         (d)  Subsection (a) does not prohibit a licensing agency from
  restricting a person to a provisional or probationary license.
         Art. 68.006.  NULLIFICATION OF CERTIFICATE. The effect of a
  person's certificate is nullified if the appropriate licensing
  authority finds that the person, after receiving the certificate,
  has committed an offense that is a Class A misdemeanor or higher
  category of offense.
         SECTION 2.  The change in law made by this Act applies to a
  person eligible for a certificate under Article 68.002, Code of
  Criminal Procedure, as added by this Act, regardless of whether the
  person completed a term of community supervision before, on, or
  after that date.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.