S.B. No. 1902
 
 
 
 
AN ACT
  relating to the eligibility of criminal defendants for an order of
  nondisclosure of criminal history record information; authorizing
  a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 411, Government Code, is amended by
  adding Subchapter E-1 to read as follows:
  SUBCHAPTER E-1.  ORDER OF NONDISCLOSURE OF CRIMINAL HISTORY RECORD
  INFORMATION
         Sec. 411.071.  DEFINITIONS. In this subchapter, "criminal
  history record information," "criminal justice agency," and
  "criminal justice purpose" have the meanings assigned by Section
  411.082.
         SECTION 2.  Section 411.081(f), Government Code, is
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.0715, Government
  Code, and amended to read as follows:
         Sec. 411.0715.  DEFINITION OF DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION FOR PURPOSE OF RECEIVING ORDER OF
  NONDISCLOSURE. [(f)]  For purposes of an order of nondisclosure of
  criminal history record information under this subchapter
  [Subsection (d)], a person is considered to have been placed on
  deferred adjudication community supervision if, regardless of the
  statutory authorization:
               (1)  the person entered a plea of guilty or nolo
  contendere;
               (2)  the judge deferred further proceedings without
  entering an adjudication of guilt and placed the person under the
  supervision of the court or an officer under the supervision of the
  court; and
               (3)  at the end of the period of supervision the judge
  dismissed the proceedings and discharged the person.
         SECTION 3.  Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, is amended by adding Section 411.072 to read as
  follows:
         Sec. 411.072.  PROCEDURE FOR DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION; CERTAIN NONVIOLENT MISDEMEANORS. (a)  This
  section applies only to a person who:
               (1)  was placed on deferred adjudication community
  supervision under Section 5, Article 42.12, Code of Criminal
  Procedure, for a misdemeanor other than a misdemeanor:
                     (A)  under Chapter 20, 21, 22, 25, 42, 43, 46, or
  71, Penal Code; or
                     (B)  with respect to which an affirmative finding
  under Section 5(k), Article 42.12, Code of Criminal Procedure, was
  filed in the papers of the case; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than an offense under the Transportation Code that is
  punishable by fine only.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, if a person described by Subsection (a) receives a
  discharge and dismissal under Section 5(c), Article 42.12, Code of
  Criminal Procedure, and satisfies the requirements of Section
  411.074, the court that placed the person on deferred adjudication
  community supervision shall issue an order of nondisclosure of
  criminal history record information under this subchapter
  prohibiting criminal justice agencies from disclosing to the public
  criminal history record information related to the offense giving
  rise to the deferred adjudication community supervision.  The court
  shall determine whether the person satisfies the requirements of
  Section 411.074, and if the court makes a finding that the
  requirements of that section are satisfied, the court shall issue
  the order of nondisclosure of criminal history record information:
               (1)  at the time the court discharges and dismisses the
  proceedings against the person, if the discharge and dismissal
  occurs on or after the 180th day after the date the court placed the
  person on deferred adjudication community supervision; or
               (2)  as soon as practicable on or after the 180th day
  after the date the court placed the person on deferred adjudication
  community supervision, if the discharge and dismissal occurred
  before that date.
         (c)  The person shall present to the court any evidence
  necessary to establish that the person is eligible to receive an
  order of nondisclosure of criminal history record information under
  this section.  The person must pay a $28 fee to the clerk of the
  court before the court issues the order.
         SECTION 4.  Section 411.081(d), Government Code, is
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.0725, Government
  Code, and amended to read as follows:
         Sec. 411.0725.  PROCEDURE FOR DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION; FELONIES AND CERTAIN MISDEMEANORS.
  (a)  This section applies only to a person placed on deferred
  adjudication community supervision under Section 5, Article 42.12,
  Code of Criminal Procedure, who is not eligible to receive an order
  of nondisclosure of criminal history record information under
  Section 411.072.
         (b) [(d)]  Notwithstanding any other provision of this
  subchapter or Subchapter F, if a person described by Subsection (a)
  [is placed on deferred adjudication community supervision under
  Section 5, Article 42.12, Code of Criminal Procedure, subsequently]
  receives a discharge and dismissal under Section 5(c), Article
  42.12, Code of Criminal Procedure,  and satisfies the requirements
  of Section 411.074 [Subsection (e)], the person may petition the
  court that placed the person [defendant] on deferred adjudication
  community supervision for an order of nondisclosure of criminal
  history record information under this section [subsection].
         (c)  Except as provided by Section 411.074 [Subsection (e)],
  a person may petition the court for an order of nondisclosure under
  this section regardless of whether the person has been previously
  convicted of or placed on deferred adjudication community
  supervision for another offense.
         (d)  After notice to the state, an opportunity for a hearing,
  and a determination that the person is entitled to file the petition
  and issuance of the order is in the best interest of justice, the
  court shall issue an order prohibiting criminal justice agencies
  from disclosing to the public criminal history record information
  related to the offense giving rise to the deferred adjudication
  community supervision.
         (e)  [A criminal justice agency may disclose criminal
  history record information that is the subject of the order only to
  other criminal justice agencies, for criminal justice or regulatory
  licensing purposes, an agency or entity listed in Subsection (i),
  or the person who is the subject of the order.] A person may
  petition the court that placed the person on deferred adjudication
  community supervision for an order of nondisclosure of criminal
  history record information under this section only on or after:
               (1)  the discharge and dismissal, if the offense for
  which the person was placed on deferred adjudication was a
  misdemeanor other than a misdemeanor described by Subdivision (2);
               (2)  the second anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
  25, 42, 43, or 46, Penal Code; or
               (3)  the fifth anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a felony.
         SECTION 5.  Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, is amended by adding Sections 411.073 and
  411.0735 to read as follows:
         Sec. 411.073.  PROCEDURE FOR COMMUNITY SUPERVISION
  FOLLOWING CONVICTION; CERTAIN MISDEMEANORS. (a)  This section
  applies only to a person placed on community supervision under
  Article 42.12, Code of Criminal Procedure:
               (1)  following a conviction of a misdemeanor other than
  a misdemeanor under Section 106.041, Alcoholic Beverage Code,
  Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
  Penal Code; and
               (2)  under a provision of Article 42.12, Code of
  Criminal Procedure, other than Section 5, including:
                     (A)  a provision that requires the person to serve
  a term of confinement as a condition of community supervision; or
                     (B)  another provision that authorizes placing a
  person on community supervision after the person has served part of
  a term of confinement imposed for the offense.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) whose
  community supervision is not revoked and who completes the period
  of community supervision may petition the court that placed the
  person on community supervision for an order of nondisclosure of
  criminal history record information under this section if the
  person:
               (1)  satisfies the requirements of this section and
  Section 411.074; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than an offense under the Transportation Code that is
  punishable by fine only.
         (c)  After notice to the state, an opportunity for a hearing,
  and a determination that the person is entitled to file the petition
  and issuance of the order is in the best interest of justice, the
  court shall issue an order prohibiting criminal justice agencies
  from disclosing to the public criminal history record information
  related to the offense giving rise to the community supervision.
         (d)  A person may petition the court that placed the person
  on community supervision for an order of nondisclosure of criminal
  history record information under this section only on or after:
               (1)  the completion of the community supervision, if
  the offense for which the person was placed on community
  supervision was a misdemeanor other than a misdemeanor described by
  Subdivision (2); or
               (2)  the second anniversary of the date of completion
  of the community supervision, if the offense for which the person
  was placed on community supervision was a misdemeanor under Chapter
  20, 21, 22, 25, 42, 43, or 46, Penal Code.
         Sec. 411.0735.  PROCEDURE FOR CONVICTION AND CONFINEMENT;
  CERTAIN MISDEMEANORS. (a)  This section applies only to a person
  who:
               (1)  is convicted of a misdemeanor other than a
  misdemeanor under Section 106.041, Alcoholic Beverage Code,
  Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,
  Penal Code;
               (2)  is sentenced to and serves a period of
  confinement; and
               (3)  is not eligible for an order of nondisclosure of
  criminal history record information under Section 411.073.
         (b)  Notwithstanding any other provision of this subchapter
  or Subchapter F, a person described by Subsection (a) who completes
  the period of confinement and is released may petition the court
  that imposed the sentence for an order of nondisclosure of criminal
  history record information under this section if the person:
               (1)  satisfies the requirements of this section and
  Section 411.074; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than an offense under the Transportation Code punishable by
  fine only.
         (c)  After notice to the state, an opportunity for a hearing,
  and a determination that the person is entitled to file the petition
  and issuance of the order is in the best interest of justice, the
  court shall issue an order prohibiting criminal justice agencies
  from disclosing to the public criminal history record information
  related to the offense giving rise to the confinement.
         (d)  A person may petition the court that imposed the
  sentence for an order of nondisclosure of criminal history record
  information under this section only on or after the second
  anniversary of the date of completion of the period of confinement.
         SECTION 6.  Section 411.081(e), Government Code, is
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.074, Government
  Code, and amended to read as follows:
         Sec. 411.074.  REQUIRED CONDITIONS FOR RECEIVING AN ORDER OF
  NONDISCLOSURE. (a) [(e)]  A person may be granted an order of
  nondisclosure of criminal history record information under this
  subchapter and, when applicable, is entitled to petition the court
  to receive an order under this subchapter [Subsection (d)] only if,
  during the period after the court pronounced the sentence or placed
  the person on [of the] deferred adjudication community supervision
  for the offense for which the order of nondisclosure is requested,
  and during any [the] applicable waiting period after completion of
  the sentence or deferred adjudication community supervision
  required [described] by this subchapter [Subsection (d)(1), (2), or
  (3), as appropriate], the person is not convicted of or placed on
  deferred adjudication community supervision under Section 5,
  Article 42.12, Code of Criminal Procedure, for any offense other
  than an offense under the Transportation Code punishable by fine
  only.
         (b)  A person may not be granted an order of nondisclosure of
  criminal history record information under this subchapter and is
  not entitled to petition the court for an order under this
  subchapter [Subsection (d)] if:
               (1)  the person was convicted or placed on [the]
  deferred adjudication community supervision for or has been
  previously convicted or placed on any other deferred adjudication
  community supervision for:
                     (A) [(1)]  an offense requiring registration as a
  sex offender under Chapter 62, Code of Criminal Procedure;
                     (B) [(2)]  an offense under Section 20.04, Penal
  Code, regardless of whether the offense is a reportable conviction
  or adjudication for purposes of Chapter 62, Code of Criminal
  Procedure;
                     (C) [(3)]  an offense under Section 19.02, 19.03,
  20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, or 42.072, Penal
  Code; or
                     (D) [(4)]  any other offense involving family
  violence, as defined by Section 71.004, Family Code; or
               (2)  the court makes an affirmative finding that the
  offense for which the order of nondisclosure of criminal history
  record information is requested involved family violence, as
  defined by Section 71.004, Family Code.
         SECTION 7.  Section 411.081(f-1), Government Code, is
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.0745, Government
  Code, and amended to read as follows:
         Sec. 411.0745.  PETITION AND ORDER. (a) [(f-1)]  A person
  who petitions the court for an order of nondisclosure of criminal
  history record information under this subchapter, when a petition
  is required, [Subsection (d)] may file the petition in person,
  electronically, or by mail.
         (b)  The petition must be accompanied by payment of a $28 fee
  to the clerk of the court in addition to any other fee that
  generally applies to the filing of a civil petition.
         (c)  The Office of Court Administration of the Texas Judicial
  System shall prescribe a form for the filing of a petition
  electronically or by mail.  The form must provide for the petition
  to be accompanied by the required fees and any other supporting
  material determined necessary by the office of court
  administration, including evidence that the person is entitled to
  file the petition.
         (d)  The office of court administration shall make available
  on its Internet website the electronic application and printable
  application form.  Each county or district clerk's office that
  maintains an Internet website shall include on that website a link
  to the electronic application and printable application form
  available on the office of court administration's Internet website.
         (e)  On receipt of a petition under this section
  [subsection], the court shall provide notice to the state and an
  opportunity for a hearing on whether the person is entitled to file
  the petition and issuance of the order is in the best interest of
  justice.  The court shall hold a hearing before determining whether
  to issue an order of nondisclosure of criminal history record
  information, except that a hearing is not required if:
               (1)  the state does not request a hearing on the issue
  before the 45th day after the date on which the state receives
  notice under this subsection; and
               (2)  the court determines that:
                     (A)  the person [defendant] is entitled to file
  the petition; and
                     (B)  the order is in the best interest of justice.
         SECTION 8.  Sections 411.081(g), (g-1), (g-1a), (g-1b), and
  (g-1c), Government Code, are transferred to Subchapter E-1, Chapter
  411, Government Code, as added by this Act, redesignated as Section
  411.075, Government Code, and amended to read as follows:
         Sec. 411.075.  PROCEDURE AFTER ORDER. (a) [(g)]  Not later
  than the 15th business day after the date an order of nondisclosure
  of criminal history record information is issued under this
  subchapter [section], the clerk of the court shall send all
  relevant criminal history record information contained in the order
  or a copy of the order by certified mail, return receipt requested,
  or secure electronic mail, electronic transmission, or facsimile
  transmission to the Crime Records Service of the department 
  [Department of Public Safety].
         (b) [(g-1)]  Not later than 10 business days after receipt of
  relevant criminal history record information contained in an order
  or a copy of an order under Subsection (a) [(g)], the department 
  [Department of Public Safety] shall seal any criminal history
  record information maintained by the department that is the subject
  of the order.  The department shall also send all relevant criminal
  history record information contained in the order or a copy of the
  order by certified mail, return receipt requested, or secure
  electronic mail, electronic transmission, or facsimile
  transmission to all:
               (1)  law enforcement agencies, jails or other detention
  facilities, magistrates, courts, prosecuting attorneys,
  correctional facilities, central state depositories of criminal
  records, and other officials or agencies or other entities of this
  state or of any political subdivision of this state;
               (2)  central federal depositories of criminal records
  that there is reason to believe have criminal history record
  information that is the subject of the order; and
               (3)  private entities that purchase criminal history
  record information from the department or that otherwise are likely
  to have criminal history record information that is subject to the
  order.
         (c) [(g-1a)]  The director shall adopt rules regarding
  minimum standards for the security of secure electronic mail,
  electronic transmissions, and facsimile transmissions under
  Subsections (a) [(g)] and (b) [(g-1)].  In adopting rules under this
  subsection, the director shall consult with the Office of Court
  Administration of the Texas Judicial System.
         (d) [(g-1b)]  Not later than 30 business days after receipt
  of relevant criminal history record information contained in an
  order or a copy of an order from the department [Department of
  Public Safety] under Subsection (b) [(g-1)], an individual or
  entity described by Subsection (b)(1) [(g-1)(1)] shall seal any
  criminal history record information maintained by the individual or
  entity that is the subject of the order.
         (e) [(g-1c)]  The department may charge to a private entity
  that purchases criminal history record information from the
  department a fee in an amount sufficient to recover costs incurred
  by the department in providing relevant criminal history record
  information contained in an order or a copy of an order under
  Subsection (b)(3) [(g-1)(3)] to the entity.
         SECTION 9.  Section 411.081(g-2), Government Code, is
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.0755, Government
  Code, and amended to read as follows:
         Sec. 411.0755.  STATEMENT IN APPLICATION FOR EMPLOYMENT,
  INFORMATION, OR LICENSING. [(g-2)]  A person whose criminal
  history record information is the subject of an order of
  nondisclosure of criminal history record information issued [has
  been sealed] under this subchapter [section] is not required in any
  application for employment, information, or licensing to state that
  the person has been the subject of any criminal proceeding related
  to the information that is the subject of the [an] order [issued
  under this section].
         SECTION 10.  Section 411.081(g-3), Government Code, is
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.076, Government
  Code, and amended to read as follows:
         Sec. 411.076.  DISCLOSURE BY COURT. (a) [(g-3)]  A court
  may not disclose to the public any information contained in the
  court records that is the subject of an order of nondisclosure of
  criminal history record information issued under this subchapter
  [section].  The court may disclose information contained in the
  court records that is the subject of an order of nondisclosure of
  criminal history record information only to:
               (1)  criminal justice agencies for criminal justice or
  regulatory licensing purposes;
               (2)  [, to] an agency or entity listed in Section
  411.0765; [Subsection (i),] or
               (3)  [to] the person who is the subject of the order.
         (b)  The clerk of the court issuing an order of nondisclosure
  of criminal history record information under this subchapter
  [section] shall seal any court records containing information that
  is the subject of the order as soon as practicable after the date
  the clerk of the court sends all relevant criminal history record
  information contained in the order or a copy of the order to the
  department [Department of Public Safety] under Section 411.075(a)
  [Subsection (g)].
         SECTION 11.  Section 411.081(i), Government Code, as amended
  by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. 869), Acts
  of the 83rd Legislature, Regular Session, 2013, is reenacted,
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.0765, Government
  Code, and amended to read as follows:
         Sec. 411.0765.  DISCLOSURE BY CRIMINAL JUSTICE AGENCY.
  (a)  A criminal justice agency may disclose criminal history record
  information that is the subject of an order of nondisclosure of
  criminal history record information under this subchapter only to
  other criminal justice agencies, for criminal justice or regulatory
  licensing purposes, an agency or entity listed in Subsection (b),
  or the person who is the subject of the order.
         (b) [(i)]  A criminal justice agency may disclose criminal
  history record information that is the subject of an order of
  nondisclosure of criminal history record information under this
  subchapter [Subsection (d)] to the following noncriminal justice
  agencies or entities only:
               (1)  the State Board for Educator Certification;
               (2)  a school district, charter school, private school,
  regional education service center, commercial transportation
  company, or education shared service arrangement;
               (3)  the Texas Medical Board;
               (4)  the Texas School for the Blind and Visually
  Impaired;
               (5)  the Board of Law Examiners;
               (6)  the State Bar of Texas;
               (7)  a district court regarding a petition for name
  change under Subchapter B, Chapter 45, Family Code;
               (8)  the Texas School for the Deaf;
               (9)  the Department of Family and Protective Services;
               (10)  the Texas Juvenile Justice Department;
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local intellectual and developmental
  disability [mental retardation] authority, or a community center
  providing services to persons with mental illness or intellectual
  or developmental disabilities [retardation];
               (13)  the Texas Private Security Board;
               (14)  a municipal or volunteer fire department;
               (15)  the Texas Board of Nursing;
               (16)  a safe house providing shelter to children in
  harmful situations;
               (17)  a public or nonprofit hospital or hospital
  district, or a facility as defined by Section 250.001, Health and
  Safety Code;
               (18)  the securities commissioner, the banking
  commissioner, the savings and mortgage lending commissioner, the
  consumer credit commissioner, or the credit union commissioner;
               (19)  the Texas State Board of Public Accountancy;
               (20)  the Texas Department of Licensing and Regulation;
               (21)  the Health and Human Services Commission;
               (22)  the Department of Aging and Disability Services;
               (23)  the Texas Education Agency;
               (24)  the Judicial Branch Certification Commission;
               (25)  a county clerk's office in relation to a
  proceeding for the appointment of a guardian under Title 3, Estates
  [Chapter XIII, Texas Probate] Code;
               (26)  the Department of Information Resources but only
  regarding an employee, applicant for employment, contractor,
  subcontractor, intern, or volunteer who provides network security
  services under Chapter 2059 to:
                     (A)  the Department of Information Resources; or
                     (B)  a contractor or subcontractor of the
  Department of Information Resources;
               (27)  the Texas Department of Insurance;
               (28)  the Teacher Retirement System of Texas; [and]
               (29) [(30)]  the Texas State Board of Pharmacy;
               (30)  a bank, savings bank, savings and loan
  association, credit union, or mortgage banker, a subsidiary or
  affiliate of those entities, or another financial institution
  regulated by a state regulatory entity listed in Subdivision (18)
  or by a corresponding federal regulatory entity, but only regarding
  an employee, contractor, subcontractor, intern, or volunteer of or
  an applicant for employment by that bank, savings bank, savings and
  loan association, credit union, mortgage banker, subsidiary or
  affiliate, or financial institution; and
               (31)  an employer that has a facility that handles or
  has the capability of handling, transporting, storing, processing,
  manufacturing, or controlling hazardous, explosive, combustible,
  or flammable materials, if:
                     (A)  the facility is critical infrastructure, as
  defined by 42 U.S.C. Section 5195c(e), or the employer is required
  to submit to a risk management plan under Section 112(r) of the
  federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
                     (B)  the information concerns an employee,
  applicant for employment, contractor, or subcontractor whose
  duties involve or will involve the handling, transporting, storing,
  processing, manufacturing, or controlling hazardous, explosive,
  combustible, or flammable materials and whose background is
  required to be screened under a federal provision described by
  Paragraph (A).
         SECTION 12.  Section 411.081(h), Government Code, is
  transferred to Subchapter E-1, Chapter 411, Government Code, as
  added by this Act, redesignated as Section 411.077, Government
  Code, and amended to read as follows:
         Sec. 411.077.  DISPOSITION OF FEE; DEPARTMENT OF PUBLIC
  SAFETY REPORT. (a) [(h)]  The clerk of a court that collects a fee
  in connection with a petition or order for nondisclosure of
  criminal history record information under this subchapter
  [Subsection (d)] shall remit the fee to the comptroller not later
  than the last day of the month following the end of the calendar
  quarter in which the fee is collected, and the comptroller shall
  deposit the fee in the general revenue fund.
         (b)  The department [Department of Public Safety] shall
  submit a report to the legislature not later than December 1 of each
  even-numbered year that includes information on:
               (1)  the number of petitions for nondisclosure of
  criminal history record information and orders of nondisclosure of
  criminal history record information received by the department in
  each of the previous two years;
               (2)  the actions taken by the department with respect
  to the petitions and orders received;
               (3)  the costs incurred by the department in taking
  those actions; and
               (4)  the number of persons who are the subject of an
  order of nondisclosure of criminal history record information and
  who became the subject of criminal charges for an offense committed
  after the order was issued.
         SECTION 13.  Subchapter E-1, Chapter 411, Government Code,
  as added by this Act, is amended by adding Section 411.0775 to read
  as follows:
         Sec. 411.0775.  ADMISSIBILITY AND USE OF CERTAIN CRIMINAL
  HISTORY RECORD INFORMATION IN SUBSEQUENT CRIMINAL PROCEEDING.
  Notwithstanding any other law, criminal history record information
  that is related to a conviction and is the subject of an order of
  nondisclosure of criminal history record information under this
  subchapter may be:
               (1)  admitted into evidence during the trial of any
  subsequent offense if the information is admissible under the Texas
  Rules of Evidence or another law; or
               (2)  disclosed to a prosecuting attorney for a criminal
  justice purpose.
         SECTION 14.  Section 109.005(a), Business & Commerce Code,
  is amended to read as follows:
         (a)  A business entity may not publish any criminal record
  information in the business entity's possession with respect to
  which the business entity has knowledge or has received notice
  that:
               (1)  an order of expunction has been issued under
  Article 55.02, Code of Criminal Procedure; or
               (2)  an order of nondisclosure of criminal history
  record information has been issued under Subchapter E-1, Chapter
  411 [Section 411.081(d)], Government Code.
         SECTION 15.  Article 42.03, Code of Criminal Procedure, is
  amended by adding Section 5 to read as follows:
         Sec. 5.  Except as otherwise provided by Section 5(a-1),
  Article 42.12, the court after pronouncing the sentence shall
  inform the defendant of the defendant's right to petition the court
  for an order of nondisclosure of criminal history record
  information under Subchapter E-1, Chapter 411, Government Code,
  unless the defendant is ineligible to pursue that right because of
  the requirements that apply to obtaining the order in the
  defendant's circumstances, such as:
               (1)  the nature of the offense for which the defendant
  is convicted; or
               (2)  the defendant's criminal history.
         SECTION 16.  Section 5, Article 42.12, Code of Criminal
  Procedure, is amended by amending Subsections (a-1) and (c-1) and
  adding Subsection (k) to read as follows:
         (a-1)  Before placing a defendant on deferred adjudication
  community supervision under this section, the court shall inform
  the defendant of the defendant's right to receive or petition the
  court for an order of nondisclosure of criminal history record
  information under Subchapter E-1, Chapter 411 [Section 411.081],
  Government Code, as applicable, unless the defendant is ineligible
  for an order [to pursue that right] because of:
               (1)  the nature of the offense for which the defendant
  is placed on deferred adjudication community supervision; or
               (2)  the defendant's criminal history.
         (c-1)  A judge who dismisses the proceedings against a
  defendant and discharges the defendant under Subsection (c):
               (1)  shall[:
               [(1)]  provide the defendant with a copy of the order of
  dismissal and discharge; and
               (2)  if the judge determines that the defendant is or
  may become eligible for an order of nondisclosure of criminal
  history record information under Subchapter E-1, Chapter 411,
  Government Code, shall, as applicable:
                     (A)  grant an order of nondisclosure of criminal
  history record information to the defendant;
                     (B)  inform the defendant of the defendant's
  eligibility to receive an order of nondisclosure of criminal
  history record information without a petition and the earliest date
  on which the defendant is eligible to receive the order; or
                     (C)  [,] inform the defendant of the defendant's
  eligibility to petition the court for an order of nondisclosure of
  criminal history record information [under Section 411.081,
  Government Code,] and the earliest date the defendant is eligible
  to file the petition for the order [of nondisclosure].
         (k)  If a judge places on deferred adjudication community
  supervision a defendant charged with a misdemeanor other than a
  misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal
  Code, the judge shall make an affirmative finding of fact and file a
  statement of that affirmative finding with the papers in the case if
  the judge determines that it is not in the best interest of justice
  that the defendant receive an automatic order of nondisclosure
  under Section 411.072, Government Code.
         SECTION 17.  Section 54.656(a), Government Code, is amended
  to read as follows:
         (a)  A judge may refer to a magistrate any criminal case for
  proceedings involving:
               (1)  a negotiated plea of guilty before the court;
               (2)  a bond forfeiture;
               (3)  a pretrial motion;
               (4)  a postconviction writ of habeas corpus;
               (5)  an examining trial;
               (6)  an occupational driver's license;
               (7)  an agreed order of expunction under Chapter 55,
  Code of Criminal Procedure;
               (8)  an asset forfeiture hearing as provided by Chapter
  59, Code of Criminal Procedure;
               (9)  an agreed order of nondisclosure of criminal
  history record information or an order of nondisclosure of criminal
  history record information that does not require a petition 
  provided by Subchapter E-1, Chapter 411 [Section 411.081];
               (10)  a hearing on a motion to revoke probation; and
               (11)  any other matter the judge considers necessary
  and proper.
         SECTION 18.  Section 103.0211, Government Code, is amended
  to read as follows:
         Sec. 103.0211.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  GOVERNMENT CODE.  An accused or defendant, or a party
  to a civil suit, as applicable, shall pay the following fees and
  costs under the Government Code if ordered by the court or otherwise
  required:
               (1)  a court reporter fee when testimony is taken:
                     (A)  in a criminal court in Dallas County (Sec.
  25.0593, Government Code) . . . $3;
                     (B)  in a county criminal court of appeals in
  Dallas County (Sec. 25.0594, Government Code) . . . $3;
                     (C)  in a county court at law in McLennan County
  (Sec. 25.1572, Government Code) . . . $3; and
                     (D)  in a county criminal court in Tarrant County
  (Sec. 25.2223, Government Code) . . . $3;
               (2)  a court reporter service fee if the courts have
  official court reporters (Sec. 51.601, Government Code) . . . $15
  or, in specified counties, $30;
               (3)  a speedy trial rights waiver motion filing fee in
  El Paso County (Sec. 54.745, Government Code) . . . $100;
               (4)  the costs of a criminal magistrate if the court
  determines that the nonprevailing party is able to defray the
  costs:
                     (A)  in Bexar County (Sec. 54.913, Government
  Code) . . . magistrate's fees;
                     (B)  in Dallas County (Sec. 54.313, Government
  Code) . . . magistrate's fees;
                     (C)  in Lubbock County (Sec. 54.883, Government
  Code) . . . magistrate's fees;
                     (D)  in Tarrant County (Sec. 54.663, Government
  Code) . . . magistrate's fees; and
                     (E)  in Travis County (Sec. 54.983, Government
  Code) . . . magistrate's fees;
               (5)  an administrative fee for participation in certain
  community supervision programs (Sec. 76.015, Government Code)
  . . . not less than $25 and not more than $60 per month; and
               (6)  fee paid on filing a petition for an order of
  nondisclosure of criminal history record information in certain
  cases (Subchapter E-1, Chapter 411 [Sec. 411.081], Government Code)
  . . . $28.
         SECTION 19.  Section 123.001(b), Government Code, is amended
  to read as follows:
         (b)  If a defendant successfully completes a drug court
  program, regardless of whether the defendant was convicted of the
  offense for which the defendant entered the program or whether the
  court deferred further proceedings without entering an
  adjudication of guilt, after notice to the state and a hearing on
  whether the defendant is otherwise entitled to the petition and
  whether issuance of the order is in the best interest of justice,
  the court shall enter an order of nondisclosure of criminal history
  record information under Subchapter E-1, Chapter 411, [Section
  411.081] as if the defendant had received a discharge and dismissal
  under Section 5(c), Article 42.12, Code of Criminal Procedure, with
  respect to all records and files related to the defendant's arrest
  for the offense for which the defendant entered the program if the
  defendant:
               (1)  has not been previously convicted of an offense
  listed in Section 3g, Article 42.12, Code of Criminal Procedure, or
  a sexually violent offense, as defined by Article 62.001, Code of
  Criminal Procedure; and
               (2)  is not convicted for any felony offense between
  the date on which the defendant successfully completed the program
  and the second anniversary of that date.
         SECTION 20.  Section 411.081(a), Government Code, is amended
  to read as follows:
         (a)  This subchapter does not apply to criminal history
  record information that is contained in:
               (1)  posters, announcements, or lists for identifying
  or apprehending fugitives or wanted persons;
               (2)  original records of entry, including police
  blotters maintained by a criminal justice agency that are compiled
  chronologically and required by law or long-standing practice to be
  available to the public;
               (3)  public judicial, administrative, or legislative
  proceedings;
               (4)  court records of public judicial proceedings[,
  except as provided by Subsection (g-3)];
               (5)  published judicial or administrative opinions; or
               (6)  announcements of executive clemency.
         SECTION 21.  Section 411.083(a), Government Code, is amended
  to read as follows:
         (a)  Criminal history record information maintained by the
  department is confidential information for the use of the
  department and, except as provided by this subchapter or Subchapter
  E-1, may not be disseminated by the department.
         SECTION 22.  Section 411.0835, Government Code, is amended
  to read as follows:
         Sec. 411.0835.  PROHIBITION AGAINST DISSEMINATION TO
  CERTAIN PRIVATE ENTITIES. If the department receives information
  indicating that a private entity that purchases criminal history
  record information from the department has been found by a court to
  have committed three or more violations of Section 552.1425 by
  compiling or disseminating information with respect to which an
  order of expunction has been issued under Article 55.02, Code of
  Criminal Procedure, or an order of nondisclosure of criminal
  history record information has been issued under Subchapter E-1,
  the department may not release any criminal history record
  information to that entity until the first anniversary of the date
  of the most recent violation.
         SECTION 23.  Section 411.0851(a), Government Code, is
  amended to read as follows:
         (a)  A private entity that compiles and disseminates for
  compensation criminal history record information shall destroy and
  may not disseminate any information in the possession of the entity
  with respect to which the entity has received notice that:
               (1)  an order of expunction has been issued under
  Article 55.02, Code of Criminal Procedure; or
               (2)  an order of nondisclosure of criminal history
  record information has been issued under Subchapter E-1 [Section
  411.081(d)].
         SECTION 24.  Sections 411.087(a) and (b), Government Code,
  are amended to read as follows:
         (a)  Unless otherwise authorized by Subsection (e), a
  person, agency, department, political subdivision, or other entity
  that is authorized by this subchapter or Subchapter E-1 to obtain
  from the department criminal history record information maintained
  by the department that relates to another person is authorized to:
               (1)  obtain through the Federal Bureau of Investigation
  criminal history record information maintained or indexed by that
  bureau that pertains to that person; or
               (2)  obtain from any other criminal justice agency in
  this state criminal history record information maintained by that
  criminal justice agency that relates to that person.
         (b)  Any restriction or limitation in this subchapter or
  Subchapter E-1 on criminal history record information that a
  person, agency, department, political subdivision, or other entity
  is entitled to obtain from the department applies equally to the
  criminal history record information that the person, agency,
  department, political subdivision, or other entity is entitled to
  obtain from the identification division of the Federal Bureau of
  Investigation or other criminal justice agency.
         SECTION 25.  Section 411.122(c), Government Code, is amended
  to read as follows:
         (c)  This section does not apply to an agency that is:
               (1)  specifically authorized by this subchapter or
  Subchapter E-1 to obtain criminal history record information from
  the department; or
               (2)  covered by Section 53.002, Occupations Code, to
  the extent provided by that section.
         SECTION 26.  The heading to Section 552.142, Government
  Code, is amended to read as follows:
         Sec. 552.142.  EXCEPTION:  CONFIDENTIALITY OF RECORDS
  SUBJECT TO ORDER OF NONDISCLOSURE [OF CERTAIN DEFERRED
  ADJUDICATIONS].
         SECTION 27.  Section 552.142(a), Government Code, is amended
  to read as follows:
         (a)  Information is excepted from the requirements of
  Section 552.021 if an order of nondisclosure of criminal history
  record information with respect to the information has been issued
  under Subchapter E-1, Chapter 411 [Section 411.081(d)].
         SECTION 28.  Section 552.1425(a), Government Code, is
  amended to read as follows:
         (a)  A private entity that compiles and disseminates for
  compensation criminal history record information may not compile or
  disseminate information with respect to which the entity has
  received notice that:
               (1)  an order of expunction has been issued under
  Article 55.02, Code of Criminal Procedure; or
               (2)  an order of nondisclosure of criminal history
  record information has been issued under Subchapter E-1, Chapter
  411 [Section 411.081(d)].
         SECTION 29.  Section 169.001(b), Health and Safety Code, is
  amended to read as follows:
         (b)  If a defendant successfully completes a first offender
  prostitution prevention program, regardless of whether the
  defendant was convicted of the offense for which the defendant
  entered the program or whether the court deferred further
  proceedings without entering an adjudication of guilt, after notice
  to the state and a hearing on whether the defendant is otherwise
  entitled to the petition, including whether the required time
  period has elapsed, and whether issuance of the order is in the best
  interest of justice, the court shall enter an order of
  nondisclosure of criminal history record information under
  Subchapter E-1, Chapter 411 [Section 411.081], Government Code, as
  if the defendant had received a discharge and dismissal under
  Section 5(c), Article 42.12, Code of Criminal Procedure, with
  respect to all records and files related to the defendant's arrest
  for the offense for which the defendant entered the program if the
  defendant:
               (1)  has not been previously convicted of a felony
  offense; and
               (2)  is not convicted of any other felony offense
  before the second anniversary of the defendant's successful
  completion of the program.
         SECTION 30.  Section 169A.001(b), Health and Safety Code, is
  amended to read as follows:
         (b)  If a defendant successfully completes a prostitution
  prevention program, regardless of whether the defendant was
  convicted of the offense for which the defendant entered the
  program or whether the court deferred further proceedings without
  entering an adjudication of guilt, after notice to the state and a
  hearing on whether the defendant is otherwise entitled to the
  petition, including whether the required time has elapsed, and
  whether issuance of the order is in the best interest of justice,
  the court shall enter an order of nondisclosure of criminal history
  record information under Subchapter E-1, Chapter 411 [Section
  411.081], Government Code, as if the defendant had received a
  discharge and dismissal under Section 5(c), Article 42.12, Code of
  Criminal Procedure, with respect to all records and files related
  to the defendant's arrest for the offense for which the defendant
  entered the program.
         SECTION 31.  Section 53.021(e), Occupations Code, is amended
  to read as follows:
         (e)  Subsection (c) does not apply if the person is an
  applicant for or the holder of a license that authorizes the person
  to provide:
               (1)  law enforcement or public health, education, or
  safety services; or
               (2)  financial services in an industry regulated by a
  person listed in Section 411.0765(b)(18) [411.081(i)(19)],
  Government Code.
         SECTION 32.  The changes in law made by this Act apply only
  to the issuance of an order of nondisclosure of criminal history
  record information for an offense committed on or after the
  effective date of this Act. The issuance of an order of
  nondisclosure of criminal history record information 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 is committed before the effective date of this
  Act if any element of the offense occurs before the effective date.
         SECTION 33.  To the extent of any conflict, this Act prevails
  over another Act of the 84th Legislature, Regular Session, 2015,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 34.  This Act takes effect September 1, 2015.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1902 passed the Senate on
  May 5, 2015, by the following vote: Yeas 25, Nays 6; and that the
  Senate concurred in House amendments on May 26, 2015, by the
  following vote: Yeas 26, Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1902 passed the House, with
  amendments, on May 21, 2015, by the following vote: Yeas 138,
  Nays 4, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor