Texas 2017 - 85th Regular

Texas House Bill HB2059 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Phillips, Canales (Senate Sponsor - Hughes) H.B. No. 2059
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 4, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 19, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2059
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the expunction of certain convictions or arrests of a
12	6		minor for certain alcohol-related offenses.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. The heading to Section 106.12, Alcoholic
15	9		Beverage Code, is amended to read as follows:
16	10		Sec. 106.12. EXPUNCTION [EXPUNGEMENT] OF CONVICTION OR
17	11		ARREST RECORDS OF A MINOR.
18	12		SECTION 2. Section 106.12, Alcoholic Beverage Code, is
19	13		amended by amending Subsections (c) and (d) and adding Subsections
20	14		(e) and (f) to read as follows:
21	15		(c) If the court finds that the applicant was not convicted
22	16		of any other violation of this code while he was a minor, the court
23	17		shall order the conviction, together with all complaints, verdicts,
24	18		sentences, prosecutorial and law enforcement records, and other
25	19		documents relating to the offense, to be expunged from the
26	20		applicant's record. After entry of the order, the applicant shall
27	21		be released from all disabilities resulting from the conviction,
28	22		and the conviction may not be shown or made known for any purpose.
29	23		(d) Any person placed under a custodial or noncustodial
30	24		arrest for not more than one violation of this code while a minor
31	25		and who was not convicted of the violation may apply to the court in
32	26		which the person was charged to have the records of the arrest
33	27		expunged. The application must contain the applicant's sworn
34	28		statement that the applicant was not arrested for a violation of
35	29		this code other than the arrest the applicant seeks to expunge. If
36	30		the court finds the applicant was not arrested for any other
37	31		violation of this code while a minor, the court shall order all
38	32		complaints, verdicts, prosecutorial and law enforcement records,
39	33		and other documents relating to the violation to be expunged from
40	34		the applicant's record.
41	35		(e) The court shall charge an applicant a fee in the amount
42	36		of $30 for each application for expunction [expungement] filed
43	37		under this section to defray the cost of notifying state agencies of
44	38		orders of expunction [expungement] under this section.
45	39		(f) The procedures for expunction provided under this
46	40		section are separate and distinct from the expunction procedures
47	41		under Chapter 55, Code of Criminal Procedure.
48	42		SECTION 3. The change in law made by this Act to Section
49	43		106.12, Alcoholic Beverage Code, applies to the expunction of
50	44		records of a conviction or arrest made before, on, or after the
51	45		effective date of this Act.
52	46		SECTION 4. This Act takes effect September 1, 2017.
53		-	* * * * *
	47	+	______________________________ ______________________________
	48	+	President of the Senate Speaker of the House
	49	+	I certify that H.B. No. 2059 was passed by the House on April
	50	+	28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not
	51	+	voting.
	52	+	______________________________
	53	+	Chief Clerk of the House
	54	+	I certify that H.B. No. 2059 was passed by the Senate on May
	55	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	56	+	______________________________
	57	+	Secretary of the Senate
	58	+	APPROVED: _____________________
	59	+	Date
	60	+	_____________________
	61	+	Governor