By: A. Johnson of Harris, et al. H.B. No. 1401

(Senate Sponsor - Huffman)

(In the Senate - Received from the House April 6, 2021; April 12, 2021, read first time and referred to Committee on Criminal Justice; May 6, 2021, reported favorably by the following vote: Yeas 6, Nays 0; May 6, 2021, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to methods to send applications and orders for sealing juvenile records.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 58.256, Family Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) An application filed under this section may be sent to the juvenile court by any reasonable method authorized under Rule 21, Texas Rules of Civil Procedure, including secure electronic means.

SECTION 2. Section 58.258(c), Family Code, is amended to read as follows:

(c) On entry of the order, all adjudications relating to the person are vacated and the proceedings are dismissed and treated for all purposes as though the proceedings had never occurred. The clerk of court shall:

(1) seal all court records relating to the proceedings, including any records created in the clerk's case management system; and

(2) send copies of the order to all entities listed in the order by any reasonable method, including certified mail or secure electronic means[, regular mail, or e-mail].

SECTION 3. This Act takes effect September 1, 2021.

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