|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a waiver of the fee 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, a petitioner |
|
seeking expunction of a criminal record shall pay the following |
|
fees: |
|
(1) except as provided by Subsection (b), 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 fee under Subsection (a)(1) 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. |