Amend SB 107 (house committee printing) as follows:
(1) On page 1, strike lines 5-7 and substitute the following:
SECTION 1. Section 411.081, Government Code, is amended by amending Subsections (a) and (i) and adding Subsections (d-1), (e-1), (g-3), and (h-1) to read as follows:
(2) On page 1, between lines 21 and 22, insert the following:
(d-1) Notwithstanding any other provision of this chapter, a person who is convicted of and has satisfied the judgment for or who has received a dismissal after deferral of disposition for a fine-only misdemeanor, other than a traffic offense or an offense under a municipal ordinance or county order, may petition the court that convicted or granted a dismissal to the person for an order of nondisclosure under this subsection. Subject to Subsection (e-1), a person may petition the court under this subsection regardless of whether the person has been previously convicted of or granted a dismissal for a fine-only misdemeanor 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 fine-only misdemeanor offense that is the subject of the petition. As a condition of granting the petition under this subsection for a person convicted of the offense, a court may require the defendant to perform community service, pay a fee, or both perform the community service and pay the fee as if the defendant had been put on probation pending deferred disposition under Article 45.051, Code of Criminal Procedure. A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under this subsection only to other criminal justice agencies, for criminal justice or regulatory licensing purposes, an agency or entity listed in Subsection (i), or the person who is the subject of the order. A person may petition the court for an order of nondisclosure under this subsection 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 the first anniversary of the conviction or dismissal, as applicable.
(e-1) A person is not entitled to petition the court under Subsection (d-1) if the person has been previously convicted of or placed on deferred adjudication for:
(1) an offense requiring registration as a sex offender under Chapter 62, Code of Criminal Procedure;
(2) an offense under Section 20.04, Penal Code, regardless of whether the offense is a reportable conviction or adjudication for purposes of Chapter 62, Code of Criminal Procedure;
(3) an offense under Section 19.02, 19.03, 22.04, 22.041, 25.07, or 42.072, Penal Code; or
(4) any other offense involving family violence, as defined by Section 71.004, Family Code.
(3) On page 2, between lines 11 and 12, insert the following:
(h-1) The clerk of a court that collects a fee under Subsection (d-1) shall deposit the fee to the credit of the general fund of the municipality or county, as applicable.
(i) A criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure under this section [Subsection (d)] to the following noncriminal justice agencies or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department [Youth Commission];
(11) the Department of Assistive and Rehabilitative Services;
(12) the Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in harmful situations;
(17) a public or nonprofit hospital or hospital district;
(18) [the Texas Juvenile Probation Commission;
[(19)] the securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, the consumer credit commissioner, or the credit union commissioner;
(19) [(20)] the Texas State Board of Public Accountancy;
(20) [(21)] the Texas Department of Licensing and Regulation;
(21) [(22)] the Health and Human Services Commission;
(22) [(23)] the Department of Aging and Disability Services;
(23) [(24)] the Texas Education Agency;
(24) [(25)] the Guardianship Certification Board;
(25) [(26)] a county clerk's office in relation to a proceeding for the appointment of a guardian under Chapter XIII, Texas Probate Code;
(26) [(27)] the Department of Information Resources but only regarding an employee, applicant for employment, contractor, subcontractor, intern, or volunteer who provides network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the Department of Information Resources;
(27) [(28)] the Court Reporters Certification Board;
(28) [(29)] the Texas Department of Insurance; and
(29) [(30)] the Teacher Retirement System of Texas.
(4) On page 2, line 12, strike "The change in law made by this Act applies" and substitute the following:
(a) Except as provided by Subsection (b), the change in law made by this Act applies to a petition for an order of nondisclosure that is filed on or after the effective date of this Act, regardless of whether the misdemeanor that is the subject of the petition occurred before, on, or after the effective date of this Act.
(b) Section 411.081(a), Government Code, as amended by this Act, and Section 411.081(g-3), Government Code, as added by this Act, apply
(5) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Section 103.0211, Government Code, is amended to read as follows:
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Government Code if ordered by the court or otherwise required:
(1) a court reporter fee when testimony is taken:
(A) in a criminal court in Dallas County (Sec. 25.0593, Government Code) . . . $3;
(B) in a county criminal court of appeals in Dallas County (Sec. 25.0594, Government Code) . . . $3;
(C) in a county court at law in McLennan County (Sec. 25.1572, Government Code) . . . $3; and
(D) in a county criminal court in Tarrant County (Sec. 25.2223, Government Code) . . . $3;
(2) a court reporter service fee if the courts have official court reporters (Sec. 51.601, Government Code) . . . $15 or, in specified counties, $30;
(3) a speedy trial filing fee in El Paso County (Sec. 54.745, Government Code) . . . $100;
(4) costs for use of magistrate in Brazos County (Sec. 54.1116, Government Code) . . . not to exceed $50;
(5) the costs of a criminal magistrate if the court determines that the nonprevailing party is able to defray the costs:
(A) in Bexar County (Sec. 54.913, Government Code) . . . magistrate's fees;
(B) in Dallas County (Sec. 54.313, Government Code) . . . magistrate's fees;
(C) in Lubbock County (Sec. 54.883, Government Code) . . . magistrate's fees;
(D) in Tarrant County (Sec. 54.663, Government Code) . . . magistrate's fees;
(E) in Travis County (Sec. 54.983, Government Code) . . . magistrate's fees; and
(F) in Williamson County (Sec. 54.958, Government Code) . . . expense of the magistrate;
(6) an administrative fee for participation in certain community supervision programs (Sec. 76.015, Government Code) . . . not less than $25 and not more than $60 per month; [and]
(7) fee paid on filing a petition for an order of nondisclosure of criminal history record information in certain deferred adjudication cases (Sec. 411.081(d) [411.081], Government Code) . . . $28; and
(8) fee paid on filing a petition for an order of nondisclosure of criminal history record information in certain fine-only misdemeanor cases (Sec. 411.081(d-1), Government Code) . . . $28.
SECTION ____. Section 411.0851(a), Government Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for compensation criminal history record information shall destroy and may not disseminate any information in the possession of the entity with respect to which the entity has received notice that:
(1) an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under Section 411.081 [411.081(d)].
SECTION ____. The heading to Section 552.142, Government Code, is amended to read as follows:
Sec. 552.142. EXCEPTION: CONFIDENTIALITY OF RECORDS OF CERTAIN CRIMINAL HISTORY INFORMATION [DEFERRED ADJUDICATIONS].
SECTION ____. Section 552.142(a), Government Code, is amended to read as follows:
(a) Information is excepted from the requirements of Section 552.021 if an order of nondisclosure with respect to the information has been issued under Section 411.081 [411.081(d)].
SECTION ____. Section 552.1425(a), Government Code, is amended to read as follows:
(a) A private entity that compiles and disseminates for compensation criminal history record information may not compile or disseminate information with respect to which the entity has received notice that:
(1) an order of expunction has been issued under Article 55.02, Code of Criminal Procedure; or
(2) an order of nondisclosure has been issued under Section 411.081 [411.081(d)].