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.