H.B. No. 3147
 
 
 
 
AN ACT
  relating to the entitlement to expunction for certain persons who
  are arrested solely as a result of inaccurate identifying
  information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 55.01(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  A person is entitled to obtain the expunction of [have]
  any information that identifies the person, including the person's
  name, address, date of birth, driver's license number, and social
  security number, contained in records and files relating to the
  person's arrest or the arrest of another person [expunged] if:
               (1)  the expunction of identifying information is
  sought with respect to the arrest of the person asserting the
  entitlement and the person was arrested solely as a result of
  identifying information that was inaccurate due to a clerical
  error; or
               (2)  the expunction of identifying information is
  sought with respect to the arrest of a person other than the person
  asserting the entitlement and:
                     (A)  the information identifying the person
  asserting the entitlement [to expunction] was falsely given by the
  arrested person [arrested] as the arrested person's identifying
  information without the consent of the person asserting the
  entitlement; and
                     (B) [(2)]  the only reason why [for] the
  identifying information of [identifying] the person asserting the
  entitlement is [being] contained in the applicable arrest records
  and files [of the person arrested] is because of the deception of
  [that the information was falsely given by] the arrested person
  [arrested as the arrested person's identifying information].
         SECTION 2.  Section 2a(b), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  The application must be verified, include authenticated
  fingerprint records of the applicant, and include the following or
  an explanation for why one or more of the following is not included:
               (1)  the applicant's full name, sex, race, date of
  birth, driver's license number, social security number, and address
  at the time of the applicable arrest [the person who falsely
  identified himself or herself as the applicant was arrested];
               (2)  the following information regarding the arrest:
                     (A)  the date of arrest;
                     (B)  the offense charged against the person
  arrested;
                     (C)  the name of the county or municipality in
  which the arrest occurred; and
                     (D)  the name of the arresting agency; and
               (3)  a statement, as appropriate, that the applicant:
                     (A)  was arrested solely as a result of
  identifying information that was inaccurate due to a clerical
  error; or
                     (B)  [the applicant] is not the person arrested
  and for whom the arrest records and files were created[;] and
                     [(B)  the applicant] did not give the arrested 
  person [arrested] consent to falsely identify himself or herself as
  the applicant.
         SECTION 3.  This Act applies to the expunction of arrest
  records and files for a person whose entitlement to expunction
  under Article 55.01(d), Code of Criminal Procedure, as amended by
  this Act, arises before, on, or after the effective date of this
  Act, regardless of when the underlying arrest occurred.
         SECTION 4.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3147 was passed by the House on May 9,
  2017, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3147 was passed by the Senate on May
  24, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor