85R8987 JCG-D     By: Thompson of Harris H.B. No. 1749       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of arrest records and files relating to   an offense punishable by fine only; 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, 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 acquitted person [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, 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.  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.          SECTION 11.  This Act takes effect September 1, 2017.