LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

February 18, 2005

TO:	Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB269 by Keel (Relating to the effect of an expunction.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend Article 55.03 of the Code of Criminal Procedure to prohibit the release, dissemination, or use of the expunged records and files for any purpose upon a final order of expunction.  The current law allows the Department of Public Safety to disseminate criminal history records subject to an expunction order to criminal justice agencies, authorized noncriminal justice agencies, and to the person who is the subject of the order.  The bill would affect all expunction orders regardless of whether the order is entered before, on, or after the effective date of this act. 

The bill would take immediate effect if the bill receives the vote of two-thirds of the members of each house.  Otherwise, the bill would take effect September 1, 2005.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

405 Department of Public Safety

LBB Staff:

JOB, VDS, SJ, LB, KJG