81R14618 SJM-F
 
  By: Moody H.B. No. 2864
 
  Substitute the following for H.B. No. 2864:
 
  By:  Gallego C.S.H.B. No. 2864
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a waiver of fees imposed for certain expunctions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 102.006, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 102.006.  FEES IN EXPUNCTION PROCEEDINGS. (a)  In
  addition to any other fees required by other law and except as
  provided by Subsection (b), a petitioner seeking expunction of a
  criminal record shall pay the following fees:
               (1)  the fee charged for filing an ex parte petition in
  a civil action in district court;
               (2)  $1 plus postage for each certified mailing of
  notice of the hearing date; and
               (3)  $2 plus postage for each certified mailing of
  certified copies of an order of expunction.
         (b)  The fees under Subsection (a) shall be waived if:
               (1)  the petitioner seeks expunction of a criminal
  record that relates to an arrest for an offense of which the person
  was acquitted, other than an acquittal for an offense described by
  Article 55.01(c); and
               (2)  the petition for expunction is filed not later
  than the 30th day after the date of the acquittal.
         SECTION 2.  The change in law made by this Act applies only
  to a petition for expunction filed on or after the effective date of
  this Act. A petition for expunction filed before the effective date
  of this Act is governed by the law in effect on the date the petition
  was filed, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2009.