H.B. No. 2286

	AN ACT
	relating to the eligibility of certain victims of trafficking of
	persons for an order of nondisclosure; authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1
	SECTION 1.01.  Section 109.005(a), Business & Commerce Code,
	as added by Chapter 1200 (S.B. No. 1289), Acts of the 83rd
	Legislature, Regular Session, 2013, 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 has been issued under
	Section 411.081(d) or (d-1), Government Code.
	SECTION 1.02.  Section 411.081, Government Code, is amended
	by adding Subsection (d-1) and amending Subsections (e), (f),
	(f-1), and (h) to read as follows:
	(d-1)(1)  This subsection applies only to a person who on
	conviction for an offense under Section 43.02, Penal Code, is
	placed on community supervision under Article 42.12, Code of
	Criminal Procedure, and with respect to whom the conviction is
	subsequently set aside by the court under Section 20(a) of that
	article.
	(2)  Notwithstanding any other provision of this
	subchapter, if a person to whom this subsection applies satisfies
	the requirements of Subsection (e), the person may petition the
	court that placed the person on community supervision for an order
	of nondisclosure on the grounds that the person committed the
	offense solely as a victim of trafficking of persons. After notice
	to the state, an opportunity for a hearing, and a determination by
	the court that the person committed the offense solely as a victim
	of trafficking of persons and that 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 under
	Section 43.02, Penal Code, giving rise to the community
	supervision. 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 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 community supervision for an order of nondisclosure
	only after the person's conviction under Section 43.02, Penal Code,
	is set aside.
	(e)  A person is entitled to petition the court under
	Subsection (d) or (d-1) only if during the period of the community
	supervision, including deferred adjudication community
	supervision, for which the order of nondisclosure is requested and,
	for a petition under Subsection (d), only during the applicable
	period described by Subdivision (1) [Subsection (d)(1)], (2), or
	(3) of that subsection, 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. A person is not entitled to petition the
	court under Subsection (d) or (d-1) if the person was placed on
	community supervision, including [the] deferred adjudication
	community supervision, for, or has been previously convicted of or
	placed on any other deferred adjudication for:
	(1)  an offense requiring registration as a sex
	offender under Chapter 62, Code of Criminal Procedure;
	(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;
	(3)  an offense under Section 19.02, 19.03, 22.04,
	22.041, 25.07, 25.072, or 42.072, Penal Code; or
	(4)  any other offense involving family violence, as
	defined by Section 71.004, Family Code.
	(f)  For purposes of Subsections [Subsection] (d) and (e), 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.
	(f-1)  A person who petitions the court for an order of
	nondisclosure under Subsection (d) or (d-1) may file the petition
	in person, electronically, or by mail. 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. 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. 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.
	On receipt of a petition under this 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, 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 defendant is entitled to file the
	petition; and
	(B)  the order is in the best interest of justice.
	(h)  The clerk of a court that collects a fee paid under
	Subsection (f-1) [(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.  The 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 and
	orders of nondisclosure 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 and who became the subject of criminal
	charges for an offense committed after the order was issued.
	SECTION 1.03.  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 and amended to read as follows:
	(i)  A criminal justice agency may disclose criminal history
	record information that is the subject of an order of nondisclosure
	under Subsection (d) or (d-1) 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 mental retardation authority, or a
	community center providing services to persons with mental illness
	or an intellectual disability [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
	Code [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.
	SECTION 1.04.  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 has been issued under
	Section 411.081(d) or (d-1).
	SECTION 1.05.  Section 552.142, Government Code, is amended
	to read as follows:
	Sec. 552.142.  EXCEPTION:  CONFIDENTIALITY OF RECORDS OF
	CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
	(a)  Information is excepted from the requirements of Section
	552.021 if an order of nondisclosure with respect to the
	information has been issued under Section 411.081(d) or (d-1).
	(b)  A person who is the subject of information that is
	excepted from the requirements of Section 552.021 under this
	section may deny the occurrence of the criminal proceeding [arrest
	and prosecution] to which the information relates and the exception
	of the information under this section, unless the information is
	being used against the person in a subsequent criminal proceeding.
	SECTION 1.06.  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 has been issued under
	Section 411.081(d) or (d-1).
	SECTION 1.07.  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 411.081(i)(18) [411.081(i)(19)],
	Government Code.
	SECTION 1.08.  This article takes effect only if S.B. 1902,
	Acts of the 84th Legislature, Regular Session, 2015, does not
	become law. If that bill becomes law, this article has no effect.
	ARTICLE 2
	SECTION 2.01.  Subchapter E-1, Chapter 411, Government Code,
	is amended by adding Section 411.0728 to read as follows:
	Sec. 411.0728.  PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING
	OF PERSONS. (a)  This section applies only to a person who on
	conviction for an offense under Section 43.02, Penal Code, is
	placed on community supervision under Article 42.12, Code of
	Criminal Procedure, and with respect to whom the conviction is
	subsequently set aside by the court under Section 20(a) of that
	article.
	(b)  Notwithstanding any other provision of this subchapter
	or Subchapter F, a person described by Subsection (a) who satisfies
	the requirements of Section 411.074 may petition the court that
	placed the person on community supervision for an order of
	nondisclosure of criminal history record information under this
	section on the grounds that the person committed the offense solely
	as a victim of trafficking of persons.
	(c)  After notice to the state, an opportunity for a hearing,
	and a determination by the court that the person committed the
	offense solely as a victim of trafficking of persons and that
	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 under Section 43.02, Penal Code, 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 after the
	person's conviction under Section 43.02, Penal Code, is set aside.
	SECTION 2.02.  Section 552.142(b), Government Code, is
	amended to read as follows:
	(b)  A person who is the subject of information that is
	excepted from the requirements of Section 552.021 under this
	section may deny the occurrence of the criminal proceeding [arrest
	and prosecution] to which the information relates and the exception
	of the information under this section, unless the information is
	being used against the person in a subsequent criminal proceeding.
	SECTION 2.03.  This article takes effect only if S.B. 1902,
	Acts of the 84th Legislature, Regular Session, 2015, becomes law.
	If that bill does not become law, this article has no effect.
	ARTICLE 3
	SECTION 3.01.  The change in law made by this Act applies to
	a person whose conviction for an offense under Section 43.02, Penal
	Code, is set aside under Section 20(a), Article 42.12, Code of
	Criminal Procedure, on or after the effective date of this Act,
	regardless of when the person committed the offense for which the
	person was convicted.
	SECTION 3.02.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2286 was passed by the House on May
	15, 2015, by the following vote:  Yeas 129, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2286 on May 29, 2015, by the following vote:  Yeas 145, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2286 was passed by the Senate, with
	amendments, on May 26, 2015, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor