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                                                                  H.B. No. 2725




AN ACT

relating to the destruction of records following certain 
expunctions.       
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5, Article 55.02, Code of Criminal 
Procedure, is amended by amending Subsection (d) and adding 
Subsection (d-1) to read as follows:
	(d)  Except in the case of a person who is the subject of an 
expunction order on the basis of an acquittal or an expunction order 
based on an entitlement under Article 55.01(d), the clerk of the 
court shall destroy all the files or other records maintained under 
Subsection (c) not earlier than the 60th day after [of this section 
on the first anniversary of] the date the order of expunction is 
issued or later than the first  anniversary of that date unless the 
records or files were released under Subsection (b) [of this 
section].
	(d-1)  Not later than the 30th day before the date on which 
the clerk destroys files or other records under Subsection (d), the 
clerk shall provide notice by mail, electronic mail, or facsimile 
transmission to the attorney representing the state in the 
expunction proceeding.  If the attorney representing the state in 
the expunction proceeding objects to the destruction not later than 
the 20th day after receiving notice under this subsection, the 
clerk may not destroy the files or other records until the first 
anniversary of the date the order of expunction is issued or the 
first business day after that date.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution. If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2725 was passed by the House on May 9, 
2003, by the following vote:  Yeas 133, Nays 0, 1 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 2725 was passed by the Senate on May 
28, 2003, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor