H.B. No. 757

	AN ACT
	relating to the consequences of receiving a grant of deferred
	adjudication community supervision and successfully completing the
	period of supervision.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 42A.111, Code of Criminal Procedure, is
	amended by adding Subsection (c-1) and amending Subsection (d) to
	read as follows:
	(c-1)  Subject to Subsection (d), an offense for which the
	defendant received a dismissal and discharge under this article may
	not be used as grounds for denying issuance of a professional or
	occupational license or certificate to, or suspending or revoking
	the professional or occupational license or certificate of, an
	individual otherwise entitled to or qualified for the license or
	certificate.
	(d)  For any defendant who receives a dismissal and discharge
	under this article:
	(1)  on conviction of a subsequent offense, the fact
	that the defendant previously has received deferred adjudication
	community supervision is admissible before the court or jury for
	consideration on the issue of penalty;
	(2)  if the defendant is an applicant for or the holder
	of a license under Chapter 42, Human Resources Code, the Department
	of Family and Protective Services may consider the fact that the
	defendant previously has received deferred adjudication community
	supervision in issuing, renewing, denying, or revoking a license
	under that chapter; [and]
	(3)  if the defendant is an applicant for or the holder
	of a license to provide mental health or medical services for the
	rehabilitation of sex offenders, the Council on Sex Offender
	Treatment may consider the fact that the defendant previously has
	received deferred adjudication community supervision in issuing,
	renewing, denying, or revoking a license issued by that council;
	and
	(4)  if the defendant is an applicant for or the holder
	of a professional or occupational license or certificate, the
	licensing agency may consider the fact that the defendant
	previously has received deferred adjudication community
	supervision in issuing, renewing, denying, or revoking a license or
	certificate if:
	(A)  the defendant was placed on deferred
	adjudication community supervision for an offense:
	(i)  listed in Article 42A.054(a);
	(ii)  described by Article 62.001(5) or (6);
	(iii)  committed under Chapter 21 or 43,
	Penal Code; or
	(iv)  related to the activity or conduct for
	which the person seeks or holds the license;
	(B)  the profession for which the defendant holds
	or seeks a license or certificate involves direct contact with
	children in the normal course of official duties or duties for which
	the license or certification is required; or
	(C)  the defendant is an applicant for or the
	holder of a license or certificate issued under Chapter 1701,
	Occupations Code.
	SECTION 2.  The change in law made by this Act applies only
	to a defendant placed on deferred adjudication community
	supervision for an offense committed on or after the effective date
	of this Act.  A defendant placed on deferred adjudication community
	supervision for an offense committed before the effective date of
	this Act is governed by the law in effect on the date the offense was
	committed, and the former law is continued in effect for that
	purpose.  For purposes of this section, an offense was committed
	before the effective date of this Act if any element of the offense
	was committed before that date.
	SECTION 3.   This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 757 was passed by the House on May 7,
	2021, by the following vote:  Yeas 141, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 757 on May 28, 2021, by the following vote:  Yeas 146, Nays 0, 1
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 757 was passed by the Senate, with
	amendments, on May 26, 2021, by the following vote:  Yeas 30, Nays
	1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor