87R1894 JRR-D     By: Canales H.B. No. 1332       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting a person's waiver of a right to an   expunction or to an order of nondisclosure of criminal history   record information with respect to a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 55.01, Code of Criminal Procedure, is   amended by adding Subsection (e) to read as follows:          (e)  Notwithstanding Article 1.14(a), a person may not   waive, as part of an agreement regarding the disposition of   criminal charges based on the person's commission of an alleged   offense, any right of the person to an expunction under this chapter   that may exist in relation to that offense on or after the date the   waiver is signed, unless the waiver relates solely to arrest   records and files in the possession of the attorney representing   the state in the person's case. A purported waiver of that right   that is made in violation of this subsection is void.          SECTION 2.  Section 4, Article 55.02, Code of Criminal   Procedure, is amended by adding Subsection (a-3) and amending   Subsection (b) to read as follows:          (a-3)  The court shall provide in its expunction order that   the attorney representing the state may retain the arrest records   and files of a person who is the subject of the expunction order if   the person has signed a waiver authorized under Article 55.01(e).          (b)  Unless the person who is the subject of the expunction   order is again arrested for or charged with an offense arising out   of the transaction for which the person was arrested or unless the   court provides for the retention of records and files under   Subsection (a-1), [or] (a-2), or (a-3), the provisions of Articles   55.03 and 55.04 apply to files and records retained under this   section.          SECTION 3.  Subchapter E-1, Chapter 411, Government Code, is   amended by adding Section 411.078 to read as follows:          Sec. 411.078.  WAIVER OF RIGHT TO ORDER OF NONDISCLOSURE   PROHIBITED. Notwithstanding Article 1.14(a), Code of Criminal   Procedure, a person may not waive, as part of an agreement regarding   the disposition of criminal charges based on the person's   commission of an alleged offense, any right of the person to an   order of nondisclosure of criminal history record information under   this subchapter that may exist in relation to that offense on or   after the date the waiver is signed. A purported waiver of that   right is void.          SECTION 4.  The changes in law made by this Act apply only to   a waiver of a person's right to an expunction or an order of   nondisclosure of criminal history record information made on or   after the effective date of this Act. A waiver made before the   effective date of this Act is governed by the law in effect on the   date the waiver was made, and the former law is continued in effect   for that purpose.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2021.