89R9343 JRR-D     By: Plesa H.B. No. 2006       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of arrest records and files by a   statutory county court.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55A.101, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsection (c) to   read as follows:          (a)  Except as provided by Article 55A.151 and subject to   Subsections [Subsection] (b) and (c), a district court, a justice   court, [or] a municipal court of record, or a statutory county court   may expunge all records and files relating to the arrest of a person   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 court before the person   is tried for the offense, regardless of whether an indictment or   information has been presented against the person with respect to   the offense.          (c)  A statutory county court may only expunge records and   files under Subsection (a) that relate to the arrest of a person for   an offense that is subject to the jurisdiction of a statutory county   court.          SECTION 2.  Article 55A.201(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  At the request of the acquitted person and after notice   to the state, or at the request of the attorney representing the   state with the consent of the acquitted person, an expunction order   shall be entered, not later than the 30th day after the date of the   acquittal, for a person entitled to expunction under Article   55A.002 by:                (1)  the trial court presiding over the case in which   the person was acquitted, if the court is:                      (A)  a district court;                      (B)  a justice court; [or]                      (C)  a municipal court of record; or                      (D)  a statutory county court; or                (2)  a district court in the county in which the trial   court is located.          SECTION 3.  Article 55A.202(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In a case in which a person is entitled to expunction   under Article 55A.003, an expunction order shall be entered, not   later than the 30th day after the date the court receives notice of   the applicable pardon or other grant of relief, for the person by:                (1)  the trial court presiding over the case, if the   court is:                      (A)  a district court;                      (B)  a justice court; [or]                      (C)  a municipal court of record; or                      (D)  a statutory county court; or                (2)  a district court in the county in which the trial   court is located.          SECTION 4.  Article 55A.251, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.251.  FILING OF PETITION.  A person who is entitled   to expunction of records and files under Article 55A.002, 55A.004,   or 55A.005 or Subchapter B, or a person who is eligible for   expunction of records and files under Article 55A.101, may, subject   to Articles [Article] 55A.252 and 55A.2525, 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.          SECTION 5.  Subchapter F, Chapter 55A, Code of Criminal   Procedure, is amended by adding Article 55A.2525 to read as   follows:          Art. 55A.2525.  FILING CERTAIN PETITIONS IN STATUTORY COUNTY   COURT. If the arrest for which expunction is sought is for an   offense that is subject to the jurisdiction of a statutory county   court, a person who is entitled to expunction of records and files   under Article 55A.002 or a person who is eligible for expunction of   records and files under Article 55A.101(a) may file an ex parte   petition for expunction in a statutory county court in the county in   which:                (1)  the petitioner was arrested; or                (2)  the offense was alleged to have occurred.          SECTION 6.  Article 55A.253, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.253.  CONTENTS OF PETITION.  An ex parte petition   filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 must be   verified and must include, with respect to the person who is the   subject of the petition, the following or an explanation for why one   or more of the following is not included:                (1)  the person'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;                (3)  the date the offense charged was alleged to have   been committed;                (4)  the date of arrest;                (5)  the name of the county of arrest and if the arrest   occurred in a municipality, the name of the municipality;                (6)  the name of the arresting agency;                (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, attorneys representing   the state, 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 person who is the subject of the petition 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 person who is the subject of the petition has reason to   believe have information related to records or files that are   subject to expunction.          SECTION 7.  Article 55A.255, Code of Criminal Procedure, is   amended to read as follows:          Art. 55A.255.  ENTRY OF EXPUNCTION ORDER.  If the court   finds that the person who is the subject of an ex parte petition   filed under Article 55A.251, 55A.252, 55A.2525, or 55A.257 is   entitled to expunction of any records and files that are the subject   of the petition, the court shall enter an order directing   expunction.          SECTION 8.  Article 55A.258(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  A close relative of a deceased person who, if not   deceased, would be entitled to expunction of records and files   under Subchapter A, B, or C may file on behalf of the deceased   person an ex parte petition for expunction under Article 55A.251,   [or] 55A.252, or 55A.2525 or an application for expunction under   Article 55A.256, as applicable.  If the court finds that the   deceased person would be entitled to expunction of any record or   file that is the subject of the petition, the court shall enter an   order directing expunction.          SECTION 9.  Article 102.006(a-1), Code of Criminal   Procedure, is amended to read as follows:          (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, or a statutory county court under Chapter 55A 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.          SECTION 10.  Section 25.0003, Government Code, is amended by   adding Subsection (g) to read as follows:          (g)  A statutory county court has concurrent jurisdiction   with a district court over expunction proceedings relating to the   arrest of a person for an offense that is subject to the   jurisdiction of a statutory county court.          SECTION 11.  The change in law made by this Act applies to   the expunction of arrest records and files for any criminal offense   that occurred before, on, or after the effective date of this Act.          SECTION 12.  This Act takes effect September 1, 2025.