| 1 | | - | H.B. No. 1401 |
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| 1 | + | By: A. Johnson of Harris, et al. H.B. No. 1401 |
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| 2 | + | (Senate Sponsor - Huffman) |
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| 3 | + | (In the Senate - Received from the House April 6, 2021; |
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| 4 | + | April 12, 2021, read first time and referred to Committee on |
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| 5 | + | Criminal Justice; May 6, 2021, reported favorably by the following |
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| 6 | + | vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to methods to send applications and orders for sealing |
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| 6 | 13 | | juvenile records. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Section 58.256, Family Code, is amended by |
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| 9 | 16 | | adding Subsection (a-1) to read as follows: |
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| 10 | 17 | | (a-1) An application filed under this section may be sent to |
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| 11 | 18 | | the juvenile court by any reasonable method authorized under Rule |
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| 12 | 19 | | 21, Texas Rules of Civil Procedure, including secure electronic |
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| 13 | 20 | | means. |
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| 14 | 21 | | SECTION 2. Section 58.258(c), Family Code, is amended to |
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| 15 | 22 | | read as follows: |
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| 16 | 23 | | (c) On entry of the order, all adjudications relating to the |
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| 17 | 24 | | person are vacated and the proceedings are dismissed and treated |
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| 18 | 25 | | for all purposes as though the proceedings had never occurred. The |
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| 19 | 26 | | clerk of court shall: |
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| 20 | 27 | | (1) seal all court records relating to the |
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| 21 | 28 | | proceedings, including any records created in the clerk's case |
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| 22 | 29 | | management system; and |
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| 23 | 30 | | (2) send copies of the order to all entities listed in |
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| 24 | 31 | | the order by any reasonable method, including certified mail or |
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| 25 | 32 | | secure electronic means[, regular mail, or e-mail]. |
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| 26 | 33 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 27 | | - | ______________________________ ______________________________ |
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| 28 | | - | President of the Senate Speaker of the House |
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| 29 | | - | I certify that H.B. No. 1401 was passed by the House on April |
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| 30 | | - | 1, 2021, by the following vote: Yeas 148, Nays 0, 1 present, not |
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| 31 | | - | voting. |
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| 32 | | - | ______________________________ |
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| 33 | | - | Chief Clerk of the House |
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| 34 | | - | I certify that H.B. No. 1401 was passed by the Senate on May |
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| 35 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 36 | | - | ______________________________ |
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| 37 | | - | Secretary of the Senate |
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| 38 | | - | APPROVED: _____________________ |
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| 39 | | - | Date |
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| 40 | | - | _____________________ |
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| 41 | | - | Governor |
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| 34 | + | * * * * * |
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