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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of certain alcohol-related convictions |
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committed by a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.12, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.12. EXPUNCTION [EXPUNGEMENT] OF CONVICTION OF A |
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MINOR. (a) Any person convicted of a [not more than one] violation |
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of this code while a minor[, on attaining the age of 21 years,] may |
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apply to the court in which the person [he] was convicted to have |
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the conviction expunged if: |
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(1) at least one year has elapsed since the date of the |
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offense; |
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(2) the person has attained the age of 19 years; and |
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(3) the person has not been convicted of a violation of |
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this code other than the conviction for which the person seeks |
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expunction. |
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(b) The application shall contain the applicant's sworn |
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statement that the applicant [he] was not convicted of any |
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violation of this code [while a minor] other than the one the |
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applicant [he] seeks to have expunged. |
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(c) If the court finds that the applicant was not convicted |
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of any other violation of this code [while he was a minor], the |
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court shall order the conviction, together with all complaints, |
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verdicts, sentences, and other documents relating to the offense, |
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to be expunged from the applicant's record. After entry of the |
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order, the applicant shall be released from all disabilities |
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resulting from the conviction, and the conviction may not be shown |
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or made known for any purpose. |
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(d) The court shall charge an applicant a fee in the amount |
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of $30 for an [each] application for expunction [expungement] filed |
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under this section to defray the cost of notifying state agencies of |
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orders of expunction [expungement] under this section. |
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(e) A person may file only one application under this |
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section. |
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SECTION 2. The change in law made by this Act applies only to |
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an application for expunction filed on or after the effective date |
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of this Act. An application for expunction filed before the |
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effective date of this Act is covered by the law in effect when the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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* * * * * |