84R22917 JSC-D
By: Wu H.B. No. 329
Substitute the following for H.B. No. 329:
By: Herrero C.S.H.B. No. 329
A BILL TO BE ENTITLED
AN ACT
relating to orders of nondisclosure issued for records of certain
fine-only misdemeanors; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 [411.081(d)], Government Code.
SECTION 2. Section 103.0211, Government Code, is amended to
read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party
to a civil suit, as applicable, shall pay the following fees and
costs under the Government Code if ordered by the court or otherwise
required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec.
25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in
Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County
(Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County
(Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have
official court reporters (Sec. 51.601, Government Code) . . . $15
or, in specified counties, $30;
(3) a speedy trial rights waiver motion filing fee in
El Paso County (Sec. 54.745, Government Code) . . . $100;
(4) the costs of a criminal magistrate if the court
determines that the nonprevailing party is able to defray the
costs:
(A) in Bexar County (Sec. 54.913, Government
Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government
Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government
Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government
Code) . . . magistrate's fees; and
(E) in Travis County (Sec. 54.983, Government
Code) . . . magistrate's fees;
(5) an administrative fee for participation in certain
community supervision programs (Sec. 76.015, Government Code)
. . . not less than $25 and not more than $60 per month; [and]
(6) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
deferred adjudication cases (Sec. 411.081(f-1) [411.081],
Government Code) . . . $28; and
(7) fee paid on filing a petition for an order of
nondisclosure of criminal history record information in certain
fine-only misdemeanor cases (Sec. 411.081(f-1), Government Code)
. . . $28.
SECTION 3. Section 411.081, Government Code, is amended by
adding Subsections (d-1), (e-1), (h-1), and (h-2) and amending
Subsections (f), (f-1), and (h) to read as follows:
(d-1) Notwithstanding any other provision of this chapter,
a person who is convicted of and has satisfied the judgment for or
who has received a dismissal after deferral of disposition for a
fine-only misdemeanor, other than a traffic offense or an offense
under a municipal ordinance or county order, may petition the court
that convicted or granted a dismissal to the person for an order of
nondisclosure under this subsection. Subject to Subsection (e-1),
a person may petition the court under this subsection regardless of
whether the person has been previously convicted of or granted a
dismissal for a fine-only misdemeanor offense. After notice to the
state, the court shall hold a hearing on whether the person is
entitled to file the petition and whether issuance of the order is
in the best interest of justice. In determining whether granting
the order is in the best interest of justice, the court may
consider, among any other factors the court considers relevant, the
person's criminal history record information, including whether
the person has been convicted of or granted a deferred disposition
for an offense with elements that are the same as or similar to the
elements of the offense for which the person is seeking an order of
nondisclosure. If the court determines that granting 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 fine-only
misdemeanor offense that is the subject of the petition. As a
condition of granting the petition under this subsection for a
person convicted of the offense, a court may require the defendant
to perform community service, pay a fee, or both perform the
community service and pay the fee as if the defendant had been
placed on probation pending deferred disposition under Article
45.051, Code of Criminal Procedure. A criminal justice agency may
disclose criminal history record information that is the subject of
an order of nondisclosure under this subsection only to other
criminal justice agencies for criminal justice or regulatory
licensing 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 for an order of nondisclosure under this subsection only
on or after the first anniversary of the conviction or dismissal, as
applicable.
(e-1) A person is not entitled to petition the court under
Subsection (d-1) if the person has been previously convicted of or
placed on 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), (e), and
(e-1), 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) for a petition filed under Subsection (d) [(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.
(h-1) The clerk of a court that collects a fee paid under
Subsection (f-1) for a petition filed under Subsection (d-1) shall
deposit the fee to the credit of the general fund of the
municipality or county, as applicable.
(h-2) 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 4. 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 this section [Subsection (d)] 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 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 5. 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 [411.081(d)].
SECTION 6. The heading to 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].
SECTION 7. Section 552.142(a), Government Code, is amended
to read as follows:
(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 [411.081(d)].
SECTION 8. 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 [411.081(d)].
SECTION 9. 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 10. The change in law made by this Act applies to a
petition for an order of nondisclosure that is filed on or after the
effective date of this Act, regardless of whether the misdemeanor
that is the subject of the petition occurred before, on, or after
the effective date of this Act.
SECTION 11. This Act takes effect September 1, 2015.