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.