By: A. Johnson of Harris, et al. H.B. No. 1401
(Senate Sponsor - Huffman)
(In the Senate - Received from the House April 6, 2021;
April 12, 2021, read first time and referred to Committee on
Criminal Justice; May 6, 2021, reported favorably by the following
vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to methods to send applications and orders for sealing
juvenile records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 58.256, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) An application filed under this section may be sent to
the juvenile court by any reasonable method authorized under Rule
21, Texas Rules of Civil Procedure, including secure electronic
means.
SECTION 2. Section 58.258(c), Family Code, is amended to
read as follows:
(c) On entry of the order, all adjudications relating to the
person are vacated and the proceedings are dismissed and treated
for all purposes as though the proceedings had never occurred. The
clerk of court shall:
(1) seal all court records relating to the
proceedings, including any records created in the clerk's case
management system; and
(2) send copies of the order to all entities listed in
the order by any reasonable method, including certified mail or
secure electronic means[, regular mail, or e-mail].
SECTION 3. This Act takes effect September 1, 2021.
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