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A BILL TO BE ENTITLED
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AN ACT
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relating to a waiver of fees imposed for certain expunctions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 102.006, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 102.006. FEES IN EXPUNCTION PROCEEDINGS. (a) In |
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addition to any other fees required by other law and except as |
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provided by Subsection (b), a petitioner seeking expunction of a |
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criminal record shall pay the following fees: |
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(1) the fee charged for filing an ex parte petition in |
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a civil action in district court; |
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(2) $1 plus postage for each certified mailing of |
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notice of the hearing date; and |
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(3) $2 plus postage for each certified mailing of |
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certified copies of an order of expunction. |
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(b) The fees under Subsection (a) shall be waived if: |
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(1) the petitioner seeks expunction of a criminal |
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record that relates to an arrest for an offense of which the person |
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was acquitted, other than an acquittal for an offense described by |
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Article 55.01(c); and |
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(2) the petition for expunction is filed not later |
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than the 30th day after the date of the acquittal. |
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SECTION 2. The change in law made by this Act applies only |
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to a petition for expunction filed on or after the effective date of |
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this Act. A petition for expunction filed before the effective date |
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of this Act is governed by the law in effect on the date the petition |
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was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |