Amend SB 840 as follows:
      (1)  In SECTION 2 of the bill (House Committee Report, page
7, lines 1-16), strike amended Section 4(a), Article 55.02, Code of
Criminal Procedure, and substitute the following:
      Sec. 4.  (a)  If the state establishes that the person who is
the subject of an expunction order <the petitioner> is still
subject to conviction for an offense arising out of the transaction
for which the person <he> was arrested because the statute of
limitations has not run and there is reasonable cause to believe
that the state may proceed against the person <him> for the
offense, the court may provide in its order that the law
enforcement agency and the prosecuting attorney responsible for
investigating the offense may retain any records and files that are
necessary to the investigation.  In the case of a person who is the
subject of an expunction order on the basis of an acquittal, the
court may provide in the expunction order that the law enforcement
agency and the prosecuting attorney retain records and files if:
            (1)  the records and files are necessary to conduct a
subsequent investigation and prosecution of a person other than the
person who is the subject of the expunction order; or
            (2)  the state establishes that the records and files
are necessary for use in:
                  (A)  another criminal case or matter, including a
prosecution, motion to adjudicate or revoke community supervision,
parole revocation hearing, mandatory supervision revocation
hearing, punishment hearing, or bond hearing; or
                  (B)  a civil case or matter, including a civil
suit or suit for possession of or access to a child.
      (2)  In SECTION 2 of the bill, in amended Section 4(b),
Article 55.02, Code of Criminal Procedure (House Committee Report,
page 7, lines 20-22), strike "there is a subsequent investigation
and prosecution of a person other than the person who is the
subject of the expunction order" and substitute "the court provides
for the retention of records and files under Subsection (a)".
      (3)  In SECTION 2 of the bill, in amended Section 5(c),
Article 55.02, Code of Criminal Procedure (House Committee Report,
page 8, lines 18-20), strike "there is a subsequent investigation
and prosecution of a person other than the person who is the
subject of the expunction order" and substitute "the court provides
for the retention of records and files under Section (4)(a)".