H.B. No. 269




AN ACT

relating to the effect of an expunction.                                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 55.03, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 55.03.  EFFECT OF EXPUNCTION.  When the order of 
expunction is final:   
		(1)  the release, maintenance, dissemination, or use of 
the expunged records and files for any purpose [other than a purpose 
described by Section 411.083(a) or (b)(1), (2), or (3), Government 
Code,] is prohibited;
		(2)  except as provided in Subdivision (3) [3] of this 
article, the person arrested may deny the occurrence of the arrest 
and the existence of the expunction order; and
		(3)  the person arrested or any other person, when 
questioned under oath in a criminal proceeding about an arrest for 
which the records have been expunged, may state only that the matter 
in question has been expunged.
	SECTION 2.  The Department of Public Safety of the State of 
Texas shall as soon as practicable take action as necessary to 
ensure compliance with Subdivision (1), Article 55.03, Code of 
Criminal Procedure, as amended by this Act, including the 
destruction of information that has been maintained by the 
department solely to enable the department to comply with 
Subdivision (1), Article 55.03, Code of Criminal Procedure, as that 
law existed immediately before the effective date of this Act.
	SECTION 3.  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, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 269 was passed by the House on March 
17, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 269 on May 27, 2005, by the following 
vote:  Yeas 141, Nays 1, 2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 269 was passed by the Senate, with 
amendments, on May 25, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor