87R20654 JSC-D     By: Dutton H.B. No. 757     Substitute the following for H.B. No. 757:     By:  Murr C.S.H.B. No. 757       A BILL TO BE ENTITLED   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)  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 (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; or                      (B)  the profession for which the person 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.          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.