87R5052 JSC-D     By: Dutton H.B. No. 757       A BILL TO BE ENTITLED   AN ACT   relating to the consequences of successfully completing a period of   deferred adjudication community 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 Subsections (c-1) and (c-2) and amending   Subsection (d) to read as follows:          (c-1)  Notwithstanding any other law, an offense for which   the defendant received a dismissal and discharge under this article   may be used only as described by Section 12.42(g)(1), Penal Code, or   as otherwise described by this article. Subject to Subsection   (c-2), an offense for which the defendant received a dismissal and   discharge under this article may not be used as grounds for:                (1)  denying housing or employment to, or terminating   the existing housing or employment of, an individual otherwise   entitled to or qualified for the housing or employment; or                (2)  denying issuance of a professional or occupational   license to, or suspending or revoking the professional or   occupational license of, an individual otherwise entitled to or   qualified for the license.          (c-2)  An offense for which the defendant received a   discharge and dismissal under this article may be used as grounds   for:                (1)  denying or terminating housing or employment, if   the offense is:                      (A)  listed in Article 42A.054(a);                      (B)  described by Article 62.001(5) or (6); or                      (C)  committed under Chapter 21 or 43, Penal Code;   or                (2)  denying, suspending, or revoking a professional or   occupational license, if the offense is:                      (A)  described by Subdivision (1)(A), (B), or (C);   or                      (B)  related to the activity or conduct for which   the person seeks or holds the license.          (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].          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.