Texas 2025 - 89th Regular

Texas House Bill HB463 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2148 CJD-D
2	2	By: Jones of Harris H.B. No. 463
3	3
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5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the automatic expunction of arrest records and files
10	10	after certain controlled substance offense charges are dismissed.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 55A.053(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) A person to whom this subchapter applies is entitled to
15	15	have all records and files relating to the arrest expunged if:
16	16	(1) an indictment or information charging the person
17	17	with the commission of a misdemeanor offense based on the person's
18	18	arrest or charging the person with the commission of any felony
19	19	offense arising out of the same transaction for which the person was
20	20	arrested, when presented at any time following the arrest, was
21	21	dismissed or quashed; and
22	22	(2) the court finds that the indictment or information
23	23	was dismissed or quashed because:
24	24	(A) the person completed a veterans treatment
25	25	court program created under Chapter 124, Government Code, or former
26	26	law, subject to Subsection (b);
27	27	(B) the person completed a mental health court
28	28	program created under Chapter 125, Government Code, or former law,
29	29	subject to Subsection (c);
30	30	(C) the person completed a pretrial intervention
31	31	program authorized under Section 76.011, Government Code, other
32	32	than a program described by Paragraph (A) or (B);
33	33	(D) the person is charged solely with an offense
34	34	under Subchapter D, Chapter 481, Health and Safety Code, involving
35	35	the manufacture, delivery, or possession of a controlled substance
36	36	and a laboratory analysis of the suspected controlled substance
37	37	finds no presence of a controlled substance;
38	38	(E) the presentment of the indictment or
39	39	information was made because of mistake, false information, or
40	40	other similar reason indicating absence of probable cause at the
41	41	time of the dismissal to believe the person committed the offense;
42	42	or
43	43	(F) [(E)] the indictment or information was
44	44	void.
45	45	SECTION 2. Subchapter E, Chapter 55A, Code of Criminal
46	46	Procedure, is amended by adding Article 55A.2035 to read as
47	47	follows:
48	48	Art. 55A.2035. NO CONTROLLED SUBSTANCE PRESENT. (a) A
49	49	trial court that is a district court or a district court in the
50	50	county in which the trial court is located shall enter an expunction
51	51	order for a person entitled to expunction under Article
52	52	55A.053(a)(2)(D) not later than the 30th day after the date the
53	53	court, as applicable:
54	54	(1) dismisses the case following a laboratory analysis
55	55	of a suspected controlled substance that finds no presence of a
56	56	controlled substance; or
57	57	(2) receives the information regarding the dismissal.
58	58	(b) Notwithstanding any other law, a court that enters an
59	59	expunction order under this article may not charge any fee or assess
60	60	any cost for the expunction.
61	61	SECTION 3. Article 55A.204, Code of Criminal Procedure, is
62	62	amended to read as follows:
63	63	Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
64	64	REGARDING EXPUNCTION ORDER. The attorney representing the state
65	65	shall prepare an expunction order under Article 55A.202, [or]
66	66	55A.203, or 55A.2035 for the court's signature and notify the Texas
67	67	Department of Criminal Justice if the person who is the subject of
68	68	the order is in the custody of the department.
69	69	SECTION 4. Article 55A.205, Code of Criminal Procedure, is
70	70	amended to read as follows:
71	71	Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER. In an
72	72	expunction order entered under Article 55A.202, [or] 55A.203, or
73	73	55A.2035, the court shall:
74	74	(1) provide a listing of each official, agency, or
75	75	other entity of this state or political subdivision of this state
76	76	and each private entity that there is reason to believe has any
77	77	record or file that is subject to the order; and
78	78	(2) require that:
79	79	(A) the Texas Department of Criminal Justice send
80	80	to the court any documents delivered to the department under
81	81	Section 8(a), Article 42.09; and
82	82	(B) the Department of Public Safety and the Texas
83	83	Department of Criminal Justice delete or redact, as appropriate,
84	84	from their public records all index references to the records and
85	85	files that are subject to the expunction order.
86	86	SECTION 5. Article 55A.353, Code of Criminal Procedure, is
87	87	amended to read as follows:
88	88	Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
89	89	provided by Articles 55A.354 and 55A.357, on receipt of an
90	90	expunction order issued under Subchapter E or F, each official or
91	91	agency or other governmental entity named in the order shall:
92	92	(1) as appropriate:
93	93	(A) return all records and files that are subject
94	94	to the expunction order to the court; or
95	95	(B) in cases other than those described by
96	96	Articles 55A.202, [and] 55A.203, and 55A.2035, if removal is
97	97	impracticable, obliterate all portions of the record or file that
98	98	identify the person who is the subject of the order and notify the
99	99	court of the action; and
100	100	(2) delete from the named entity's public records all
101	101	index references to the records and files that are subject to the
102	102	expunction order.
103	103	SECTION 6. Article 102.006(b-1), Code of Criminal
104	104	Procedure, is amended to read as follows:
105	105	(b-1) The fees under Subsection (a) shall be waived if the
106	106	petitioner is entitled to expunction:
107	107	(1) under Article 55A.053(a)(2)(A) after successful
108	108	completion of a veterans treatment court program created under
109	109	Chapter 124, Government Code, or former law; [or]
110	110	(2) under Article 55A.053(a)(2)(B) after successful
111	111	completion of a mental health court program created under Chapter
112	112	125, Government Code, or former law; or
113	113	(3) under Article 55A.053(a)(2)(D).
114	114	SECTION 7. (a) This Act applies only to the expunction of
115	115	arrest records related to:
116	116	(1) a charge for an offense that was dismissed on or
117	117	after the effective date of this Act; or
118	118	(2) an arrest made on or after the effective date of
119	119	this Act.
120	120	(b) Expunction for a dismissal or arrest that occurred
121	121	before the effective date of this Act is governed by the law in
122	122	effect at that time, and the former law is continued in effect for
123	123	that purpose.
124	124	(c) The change in law made by this Act to Article 102.006,
125	125	Code of Criminal Procedure, applies to the fees charged or costs
126	126	assessed for an expunction order entered on or after the effective
127	127	date of this Act.
128	128	(d) For a person who is entitled to expunction under Article
129	129	55A.053(a)(2)(D), Code of Criminal Procedure, as amended by this
130	130	Act, before the effective date of this Act, notwithstanding the
131	131	30-day time limit provided for the court to enter an automatic order
132	132	of expunction under Article 55A.2035, Code of Criminal Procedure,
133	133	as added by this Act, the court shall enter an order of expunction
134	134	for the person as soon as practicable after the court receives
135	135	written notice from any party to the case about the person's
136	136	entitlement to the expunction.
137	137	SECTION 8. This Act takes effect September 1, 2025.