85R1595 JRR-D     By: Wu, Thompson of Harris, Moody H.B. No. 681       A BILL TO BE ENTITLED   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 an opinion issued by an   appellate court.          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 Subsection (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 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)  Information subject to Subsection (a) may be open to   inspection only by:                (1)  judges or court staff;                (2)  a criminal justice agency for a criminal justice   purpose, as those terms are defined by Section 411.082, Government   Code;                (3)  the Department of Public Safety;                (4)  the attorney representing the state;                (5)  the defendant or the defendant's counsel; or                (6)  if the offense is a traffic offense, an insurance   company or surety company authorized to write motor vehicle   liability insurance in this state.          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.