89R2148 CJD-D
By: Jones of Harris H.B. No. 463
A BILL TO BE ENTITLED
AN ACT
relating to the automatic expunction of arrest records and files
after certain controlled substance offense charges are dismissed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 55A.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person to whom this subchapter applies is entitled to
have all records and files relating to the arrest expunged if:
(1) an indictment or information charging the person
with the commission of a misdemeanor offense based on the person's
arrest or charging the person with the commission of any felony
offense arising out of the same transaction for which the person was
arrested, when presented at any time following the arrest, was
dismissed or quashed; and
(2) the court finds that the indictment or information
was dismissed or quashed because:
(A) the person completed a veterans treatment
court program created under Chapter 124, Government Code, or former
law, subject to Subsection (b);
(B) the person completed a mental health court
program created under Chapter 125, Government Code, or former law,
subject to Subsection (c);
(C) the person completed a pretrial intervention
program authorized under Section 76.011, Government Code, other
than a program described by Paragraph (A) or (B);
(D) the person is charged solely with an offense
under Subchapter D, Chapter 481, Health and Safety Code, involving
the manufacture, delivery, or possession of a controlled substance
and a laboratory analysis of the suspected controlled substance
finds no presence of a controlled substance;
(E) the presentment of the indictment or
information was made because of mistake, false information, or
other similar reason indicating absence of probable cause at the
time of the dismissal to believe the person committed the offense;
or
(F) [(E)] the indictment or information was
void.
SECTION 2. Subchapter E, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.2035 to read as
follows:
Art. 55A.2035. NO CONTROLLED SUBSTANCE PRESENT. (a) A
trial court that is a district court or a district court in the
county in which the trial court is located shall enter an expunction
order for a person entitled to expunction under Article
55A.053(a)(2)(D) not later than the 30th day after the date the
court, as applicable:
(1) dismisses the case following a laboratory analysis
of a suspected controlled substance that finds no presence of a
controlled substance; or
(2) receives the information regarding the dismissal.
(b) Notwithstanding any other law, a court that enters an
expunction order under this article may not charge any fee or assess
any cost for the expunction.
SECTION 3. Article 55A.204, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
REGARDING EXPUNCTION ORDER. The attorney representing the state
shall prepare an expunction order under Article 55A.202, [or]
55A.203, or 55A.2035 for the court's signature and notify the Texas
Department of Criminal Justice if the person who is the subject of
the order is in the custody of the department.
SECTION 4. Article 55A.205, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER. In an
expunction order entered under Article 55A.202, [or] 55A.203, or
55A.2035, the court shall:
(1) provide a listing of each official, agency, or
other entity of this state or political subdivision of this state
and each private entity that there is reason to believe has any
record or file that is subject to the order; and
(2) require that:
(A) the Texas Department of Criminal Justice send
to the court any documents delivered to the department under
Section 8(a), Article 42.09; and
(B) the Department of Public Safety and the Texas
Department of Criminal Justice delete or redact, as appropriate,
from their public records all index references to the records and
files that are subject to the expunction order.
SECTION 5. Article 55A.353, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
provided by Articles 55A.354 and 55A.357, on receipt of an
expunction order issued under Subchapter E or F, each official or
agency or other governmental entity named in the order shall:
(1) as appropriate:
(A) return all records and files that are subject
to the expunction order to the court; or
(B) in cases other than those described by
Articles 55A.202, [and] 55A.203, and 55A.2035, if removal is
impracticable, obliterate all portions of the record or file that
identify the person who is the subject of the order and notify the
court of the action; and
(2) delete from the named entity's public records all
index references to the records and files that are subject to the
expunction order.
SECTION 6. Article 102.006(b-1), Code of Criminal
Procedure, is amended to read as follows:
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A) after successful
completion of a veterans treatment court program created under
Chapter 124, Government Code, or former law; [or]
(2) under Article 55A.053(a)(2)(B) after successful
completion of a mental health court program created under Chapter
125, Government Code, or former law; or
(3) under Article 55A.053(a)(2)(D).
SECTION 7. (a) This Act applies only to the expunction of
arrest records related to:
(1) a charge for an offense that was dismissed on or
after the effective date of this Act; or
(2) an arrest made on or after the effective date of
this Act.
(b) Expunction for a dismissal or arrest that occurred
before the effective date of this Act is governed by the law in
effect at that time, and the former law is continued in effect for
that purpose.
(c) The change in law made by this Act to Article 102.006,
Code of Criminal Procedure, applies to the fees charged or costs
assessed for an expunction order entered on or after the effective
date of this Act.
(d) For a person who is entitled to expunction under Article
55A.053(a)(2)(D), Code of Criminal Procedure, as amended by this
Act, before the effective date of this Act, notwithstanding the
30-day time limit provided for the court to enter an automatic order
of expunction under Article 55A.2035, Code of Criminal Procedure,
as added by this Act, the court shall enter an order of expunction
for the person as soon as practicable after the court receives
written notice from any party to the case about the person's
entitlement to the expunction.
SECTION 8. This Act takes effect September 1, 2025.