H.B. No. 681         AN ACT   relating to restricting access to certain information that relates   to a person convicted of or granted a dismissal after deferral of   disposition for a fine-only misdemeanor offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 44, Code of Criminal Procedure, is   amended by adding Article 44.2812 to read as follows:          Art. 44.2812.  CONFIDENTIAL RECORDS RELATED TO FINE-ONLY   MISDEMEANOR. (a)  Except as provided by Subsection (b) and Article   45.0218(b), following the fifth anniversary of the date of a final   conviction of, or of a dismissal after deferral of disposition for,   a misdemeanor offense punishable by fine only, all records and   files and information stored by electronic means or otherwise, from   which a record or file could be generated, that are held or stored   by or for an appellate court and relate to the person who was   convicted of, or who received a dismissal after deferral of   disposition for, the offense are confidential and may not be   disclosed to the public.          (b)  This article does not apply to:                (1)  an opinion issued by an appellate court; or                (2)  records, files, and information described by   Subsection (a) that relate to an offense that is sexual in nature,   as determined by the holder of the records, files, or information.          SECTION 2.  Subchapter B, Chapter 45, Code of Criminal   Procedure, is amended by adding Article 45.0218 to read as follows:          Art. 45.0218.  CONFIDENTIAL RECORDS RELATED TO FINE-ONLY   MISDEMEANOR. (a)  Except as provided by Subsections (b) and (c),   following the fifth anniversary of the date of a final conviction   of, or of a dismissal after deferral of disposition for, a   misdemeanor offense punishable by fine only, all records and files   and information stored by electronic means or otherwise, from which   a record or file could be generated, that are held or stored by or   for a municipal or justice court and relate to the person who was   convicted of, or who received a dismissal after deferral of   disposition for, the offense are confidential and may not be   disclosed to the public.          (b)  Records, files, and information subject to Subsection   (a) may be open to inspection only:                (1)  by judges or court staff;                (2)  by a criminal justice agency for a criminal   justice purpose, as those terms are defined by Section 411.082,   Government Code;                (3)  by the Department of Public Safety;                (4)  by the attorney representing the state;                (5)  by the defendant or the defendant's counsel;                (6)  if the offense is a traffic offense, an insurance   company or surety company authorized to w   rite motor vehicle   liability insurance in this state; or                (7)  for the purpose of complying with a requirement   under federal law or if federal law requires the disclosure as a   condition of receiving federal highway funds.          (c)  This article does not apply to records, files, and   information described by Subsection (a) that relate to an offense   that is sexual in nature, as determined by the holder of the   records, files, or information.          SECTION 3.  The change in law made by this Act applies to the   disclosure of information on or after the effective date of this Act   regardless of whether the offense that is the subject of the   information was committed before, on, or after the effective date   of this Act.          SECTION 4.  This Act takes effect September 1, 2017.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 681 was passed by the House on May 3,   2017, by the following vote:  Yeas 142, Nays 2, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 681 on May 25, 2017, by the following vote:  Yeas 136, Nays 7, 2   present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 681 was passed by the Senate, with   amendments, on May 23, 2017, by the following vote:  Yeas 30, Nays   1.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor