89R9177 CJD-D     By: Plesa H.B. No. 2042       A BILL TO BE ENTITLED   AN ACT   relating to automatic expunction of arrest records and files for   certain persons who are tried for an offense and subsequently   acquitted and to the provision of certain records relating to that   expunction.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55A.201, Code of Criminal Procedure, is   amended by amending Subsections (a) and (d) and adding Subsections   (e) and (f) to read as follows:          (a)  An [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                (2)  a district court in the county in which the trial   court is located.          (d)  An expunction order under this article shall be prepared   for the court's signature by:                (1)  the attorney for the acquitted person in the case   in which the person was acquitted, if the acquitted person was   represented by an attorney; or                (2)  the attorney representing the state, if the person   was not represented by an attorney [or if the attorney representing   the state requested the order].          (e)  If the trial court is not a court described by   Subsection (a)(1), the trial court shall forward the proposed order   and all information required in a petition for expunction under   Article 55A.253 to a court described by Subsection (a)(2).          (f)  A court that issues an expunction order under this   article shall provide to the person who is the subject of the order   a certified copy of:                (1)  the order; and                (2)  the court's case file, including all documents,   items, and information required to be disclosed to the person under   Article 39.14 and in the possession of the state at the time of the   order.          SECTION 2.  Articles 55A.201(b) and (c), Code of Criminal   Procedure, are repealed.          SECTION 3.  (a)  This Act applies to the expunction of arrest   records and files for a person entitled to that expunction under   Article 55A.002, Code of Criminal Procedure, before, on, or after   the effective date of this Act, regardless of when the underlying   arrest occurred.          (b)  For a person who is entitled to expunction under Article   55A.002, Code of Criminal Procedure, based on an acquittal that   occurred before the effective date of this Act, notwithstanding the   30-day time limit provided for the court to enter an automatic order   of expunction under Article 55A.201, Code of Criminal Procedure, as   amended by this Act, the court shall enter an order of expunction   for the person as soon as practicable after the court receives   written notice from any party to the case about the person's   entitlement to the expunction.          SECTION 4.  This Act takes effect September 1, 2025.