By: Allen, White (Senate Sponsor - Burton) H.B. No. 1426          (In the Senate - Received from the House May 3, 2017;   May 10, 2017, read first time and referred to Committee on Criminal   Justice; May 19, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 7, Nays 1;   May 19, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 1426 By:  Whitmire     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, for certain   criminal offenses.          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   satisfactorily 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 OR DENIAL OF CERTIFICATE.  (a)  Not   later than the 30th day after the date the court receives   verification that an individual has satisfactorily completed the   eligibility requirements, as provided by Article 68.002, the court   shall:                (1)  issue the certificate; or                (2)  deny issuance of the certificate and provide the   specific reason for the denial.          (b)  In determining whether to issue a certificate to an   eligible individual, the court shall consider the individual's   conduct and progress following placement on community supervision,   including:                (1)  the individual's efforts to satisfactorily fulfill   the conditions of community supervision;                (2)  the individual's satisfactory participation in   rehabilitative courses or programs, including substance abuse   treatment, vocational training courses, cognitive intervention,   anger management courses, high school equivalency programs, or   other courses or programs, regardless of whether the participation   was ordered as a condition of community supervision;                (3)  the individual's past or current participation in   community organizations or programs, including faith-based   programs, 12-step or similar self-help chemical dependency   recovery programs, or other pro-social organizations; and                (4)  the individual's education or employment history   following placement on community supervision, including whether   the individual is employed or diligently attempting to obtain an   education or seek employment.          (c)  An individual whose petition for a certificate is denied   may reapply for the issuance of a certificate relating to the same   offense after the first anniversary of the denial.          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,   suspending, or revoking a professional or occupational license to   the person, provided that the person is otherwise qualified for the   license, unless the offense that is the subject of the certificate:                (1)  was an offense:                      (A)  under Chapter 21 or 43, Penal Code, other   than an offense under Section 43.02(a) of that code; or                      (B)  listed in Article 42A.054 or 62.001(5) or (6)   of this code; or                (2)  relates to the profession or occupation for which   the person holds or is seeking a 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.  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.     * * * * *