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79R1771 PEP-D

By:  Keel                                                         H.B. No. 269



A BILL TO BE ENTITLED

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, 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 change in law made by this Act applies to any 
records and files relating to an arrest that are the subject of an 
order of expunction under Chapter 55, Code of Criminal Procedure, 
regardless of whether the order is entered before, on, or after 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.