By Danburg                                            H.B. No. 2264
         77R7111 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the right of certain persons arrested for possession of
 1-3     a controlled substance to expunction of certain records and files.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter D, Chapter 481, Health and Safety Code,
 1-6     is amended by adding Section 481.109 to read as follows:
 1-7           Sec. 481.109.  EXPUNCTION OF CERTAIN RECORDS AND FILES. (a)
 1-8     A person who has been arrested for the possession of a controlled
 1-9     substance is entitled to have all records and files relating to the
1-10     arrest and  any subsequent charge, conviction, or disposition of
1-11     charges, including acquittal, expunged if not less than 10 years
1-12     have passed since the date of the arrest and:
1-13                 (1)  at the time of the offense, the person is 30 years
1-14     of age or younger;
1-15                 (2)  at the time of the arrest for possession of the
1-16     controlled substance, the person was not arrested for or charged
1-17     with:
1-18                       (A)  any felony other than felony possession of a
1-19     controlled substance;
1-20                       (B)  a misdemeanor under Title 5, Penal Code; or
1-21                       (C)  a misdemeanor related to the operation of a
1-22     motor vehicle while intoxicated; and
1-23                 (3)  the person has not previously been convicted of
1-24     two or more offenses involving the manufacture, delivery, or
 2-1     possession of a controlled substance.
 2-2           (b)  The procedure for and effect of an expunction under this
 2-3     section is the same as the procedure for and effect of an
 2-4     expunction under Chapter 55, Code of Criminal Procedure, except
 2-5     that the order of the court granting the petition under Chapter 55,
 2-6     Code of Criminal Procedure, shall require, in addition to the
 2-7     expunction of arrest records, the expunction of records relating to
 2-8     the disposition of the case.
 2-9           SECTION 2. This Act takes effect September 1, 2001.