By: Collier, Minjarez H.B. No. 557
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expunction of arrest records and files for certain
  persons who are tried for an offense and subsequently acquitted;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by Subsection (c) and subject to
  Subsection (b-1), a district court, a justice court, or a municipal
  court of record may expunge all records and files relating to the
  arrest of a person [who has been arrested for commission of a felony
  or misdemeanor] under the procedure established under Article 55.02
  if:
               (1)  the person is:
                     (A)  tried for the offense for which the person
  was arrested;
                     (B)  convicted of the offense; and
                     (C)  acquitted by the court of criminal appeals
  or, if the period for granting a petition for discretionary review
  has expired, by a court of appeals; or
               (2)  an office of the attorney representing the state
  authorized by law to prosecute the offense for which the person was
  arrested recommends the expunction to the [appropriate district]
  court before the person is tried for the offense, regardless of
  whether an indictment or information has been presented against the
  person in relation to the offense.
         (b-1)  A justice court or a municipal court of record may
  only expunge records and files under Subsection (b) that relate to
  the arrest of a person for an offense punishable by fine only.
         SECTION 2.  Section 1, Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  At the request of the acquitted person [defendant]
  and after notice to the state, or at the request of the attorney for
  the state with the consent of the acquitted person, the trial court
  presiding over the case in which the person [defendant] was
  acquitted, if the trial court is a district court, a justice court,
  or a municipal court of record, or a district court in the county in
  which the trial court is located shall enter an order of expunction
  for a person entitled to expunction under Article 55.01(a)(1)(A)
  not later than the 30th day after the date of the acquittal. On
  [Upon] acquittal, the trial court shall advise the acquitted person
  [defendant] of the right to expunction. The party requesting the
  order of expunction [defendant] shall provide to the [district]
  court all of the information required in a petition for expunction
  under Section 2(b).  The attorney for the acquitted person 
  [defendant] in the case in which the person [defendant] was
  acquitted, if the person [defendant] was represented by counsel, or
  the attorney for the state, if the person [defendant] was not
  represented by counsel or if the attorney for the state requested
  the order of expunction, shall prepare the order for the court's
  signature.
         SECTION 3.  Section 1a(a), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  The trial court presiding over a case in which a person
  [defendant] is convicted and subsequently granted relief or
  pardoned on the basis of actual innocence of the offense of which
  the person [defendant] was convicted, if the trial court is a
  district court, a justice court, or a municipal court of record, or
  a district court in the county in which the trial court is located
  shall enter an order of expunction for a person entitled to
  expunction under Article 55.01(a)(1)(B)(ii) not later than the 30th
  day after the date the court receives notice of the pardon or other
  grant of relief. The person shall provide to the [district] court
  all of the information required in a petition for expunction under
  Section 2(b).
         SECTION 4.  Section 2, Article 55.02, Code of Criminal
  Procedure, is amended by amending Subsections (a) and (b) and
  adding Subsection (a-1) to read as follows:
         (a)  A person who is entitled to expunction of records and
  files under Article 55.01(a)(1)(A), 55.01(a)(1)(B)(i), or
  55.01(a)(2) or a person who is eligible for expunction of records
  and files under Article 55.01(b) may file an ex parte petition for
  expunction in a district court for the county in which:
               (1)  the petitioner was arrested; or
               (2)  the offense was alleged to have occurred.
         (a-1)  If the arrest for which expunction is sought is for an
  offense punishable by fine only, a person who is entitled to
  expunction of records and files under Article 55.01(a) or a person
  who is eligible for expunction of records and files under Article
  55.01(b) may file an ex parte petition for expunction in a justice
  court or a municipal court of record in the county in which:
               (1)  the petitioner was arrested; or
               (2)  the offense was alleged to have occurred.
         (b)  A [The] petition filed under Subsection (a) or (a-1)
  must be verified and must include the following or an explanation
  for why one or more of the following is not included:
               (1)  the petitioner's:
                     (A)  full name;
                     (B)  sex;
                     (C)  race;
                     (D)  date of birth;
                     (E)  driver's license number;
                     (F)  social security number; and
                     (G)  address at the time of the arrest;
               (2)  the offense charged against the petitioner;
               (3)  the date the offense charged against the
  petitioner was alleged to have been committed;
               (4)  the date the petitioner was arrested;
               (5)  the name of the county where the petitioner was
  arrested and if the arrest occurred in a municipality, the name of
  the municipality;
               (6)  the name of the agency that arrested the
  petitioner;
               (7)  the case number and court of offense; and
               (8)  together with the applicable physical or e-mail
  addresses, a list of all:
                     (A)  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;
                     (B)  central federal depositories of criminal
  records that the petitioner has reason to believe have records or
  files that are subject to expunction; and
                     (C)  private entities that compile and
  disseminate for compensation criminal history record information
  that the petitioner has reason to believe have information related
  to records or files that are subject to expunction.
         SECTION 5.  Article 102.006, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 102.006.  FEES IN EXPUNCTION PROCEEDINGS. (a) In
  addition to any other fees required by other law and except as
  provided by Subsection (b), a petitioner seeking expunction of a
  criminal record in a district court shall pay the following fees:
               (1)  the fee charged for filing an ex parte petition in
  a civil action in district court;
               (2)  $1 plus postage for each certified mailing of
  notice of the hearing date; and
               (3)  $2 plus postage for each certified mailing of
  certified copies of an order of expunction.
         (a-1)  In addition to any other fees required by other law
  and except as provided by Subsection (b), a petitioner seeking
  expunction of a criminal record in a justice court or a municipal
  court of record under Chapter 55 shall pay a fee of $100 for filing
  an ex parte petition for expunction to defray the cost of notifying
  state agencies of orders of expunction under that chapter.
         (b)  The fees under Subsection (a) or the fee under
  Subsection (a-1), as applicable, shall be waived if:
               (1)  the petitioner seeks expunction of a criminal
  record that relates to an arrest for an offense of which the person
  was acquitted, other than an acquittal for an offense described by
  Article 55.01(c); and
               (2)  the petition for expunction is filed not later
  than the 30th day after the date of the acquittal.
         SECTION 6.  Section 27.031, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A justice court has concurrent jurisdiction with a
  district court and a municipal court of record over expunction
  proceedings relating to the arrest of a person for an offense
  punishable by fine only.
         SECTION 7.  Section 30.00005, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The court has concurrent jurisdiction with a district
  court and a justice court over expunction proceedings relating to
  the arrest of a person for an offense punishable by fine only.
         SECTION 8.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Section 103.02101 to read as follows:
         Sec. 103.02101.  ADDITIONAL FEE IN CERTAIN EXPUNCTION CASES:
  CODE OF CRIMINAL PROCEDURE. A petitioner filing an ex parte
  petition for expunction in a justice court or a municipal court of
  record shall pay a fee under Article 102.006, Code of Criminal
  Procedure, of $100 to defray the costs of notifying state agencies
  of orders of expunction.
         SECTION 9.  Section 202.001(b), Local Government Code, is
  amended to read as follows:
         (b)  The following records may be destroyed without meeting
  the conditions of Subsection (a):
               (1)  records the destruction or obliteration of which
  is directed by an expunction order issued by a [district] court
  pursuant to state law; and
               (2)  records defined as exempt from scheduling or
  filing requirements by rules adopted by the commission or listed as
  exempt in a records retention schedule issued by the commission.
         SECTION 10.  (a) Except as provided by Subsection (b) of
  this section, this Act applies to an expunction of records and files
  relating to any criminal offense that occurred before, on, or after
  the effective date of this Act.
         (b)  Section 1, Article 55.02, Code of Criminal Procedure, as
  amended by this Act, applies only to the expunction of arrest
  records and files related to a criminal offense for which the trial
  of the offense begins on or after the effective date of this Act.
  The expunction of arrest records and files under Section 1, Article
  55.02, Code of Criminal Procedure, related to a criminal offense
  for which the trial of the offense begins before the effective date
  of this Act is governed by the law in effect on the date the trial
  begins, and the former law is continued in effect for that purpose.
         
         SECTION 11.  This Act takes effect September 1, 2017.