82R1061 JSC-D
 
  By: Jackson H.B. No. 599
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release of certain criminal history record
  information subject to an order of nondisclosure.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 411.081(d) and (f-1), Government Code,
  are amended to read as follows:
         (d)  Notwithstanding any other provision of this subchapter,
  if a person is placed on deferred adjudication community
  supervision under Section 5, Article 42.12, Code of Criminal
  Procedure, subsequently receives a discharge and dismissal under
  Section 5(c), Article 42.12, and satisfies the requirements of
  Subsection (e), the person may petition the court that placed the
  defendant on deferred adjudication for an order of nondisclosure
  under this subsection.  Except as provided by Subsection (e), a
  person may petition the court under this subsection regardless of
  whether the person has been previously placed on deferred
  adjudication community supervision for another offense.  After
  notice to the state and a hearing on whether the person is entitled
  to file the petition and issuance of the order is in the best
  interest of justice, the court shall issue an order prohibiting
  criminal justice agencies from disclosing to the public criminal
  history record information related to the offense giving rise to
  the deferred adjudication.  A criminal justice agency may disclose
  criminal history record information that is the subject of the
  order only to other criminal justice agencies[,] for criminal
  justice or regulatory licensing purposes[, an agency or entity
  listed in Subsection (i),] or to the person who is the subject of
  the order.  A person may petition the court that placed the person
  on deferred adjudication for an order of nondisclosure on payment
  of a $28 fee to the clerk of the court in addition to any other fee
  that generally applies to the filing of a civil petition.  The
  payment may be made only on or after:
               (1)  the discharge and dismissal, if the offense for
  which the person was placed on deferred adjudication was a
  misdemeanor other than a misdemeanor described by Subdivision (2);
               (2)  the second anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
  25, 42, or 46, Penal Code; or
               (3)  the fifth anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a felony.
         (f-1)  In this subsection, "child" has the meaning assigned
  by Section 51.02, Family Code.  Notwithstanding any other
  provision of this subchapter, on conviction of a child for a
  misdemeanor offense punishable by fine only that does not
  constitute conduct indicating a need for supervision under Section
  51.03, Family Code, the convicting court shall immediately issue an
  order prohibiting criminal justice agencies from disclosing to the
  public criminal history record information related to the
  offense.  A criminal justice agency may disclose criminal history
  record information that is the subject of the order only to other
  criminal justice agencies for criminal justice purposes[, to an
  agency or entity listed in Subsection (j),] or to the person who is
  the subject of the order.
         SECTION 2.  Section 53.021(e), Occupations Code, is amended
  to read as follows:
         (e)  Subsection (c) does not apply if the person is an
  applicant for or the holder of a license that authorizes the person
  to provide:
               (1)  law enforcement or public health, education, or
  safety services; or
               (2)  financial services in an industry regulated by the
  securities commissioner, the banking commissioner, the savings and
  mortgage lending commissioner, or the credit union commissioner [a
  person listed in Section 411.081(i)(19), Government Code].
         SECTION 3.  The following are repealed:
               (1)  Section 411.081(i), Government Code, as amended by
  Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and 1027
  (H.B. 4343), Acts of the 81st Legislature, Regular Session, 2009;
  and
               (2)  Section 411.081(j), Government Code.
         SECTION 4.  The change in law made by this Act to Section
  411.081, Government Code, applies to the disclosure on or after the
  effective date of this Act of criminal history record information
  that is the subject of an order of nondisclosure, regardless of
  whether the order is issued before, on, or after the effective date
  of this Act.
         SECTION 5.  This Act takes effect September 1, 2011.