H.B. No. 3579
 
 
 
 
AN ACT
  relating to certain criminal history record information;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1
         SECTION 1.01.  Section 15, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsections (l), (m), and (n) to
  read as follows:
         (l)  On written motion of a defendant after completion of
  two-thirds of the original community supervision period for a state
  jail felony with respect to which written consent was obtained
  under Section 12.44(c), Penal Code, the judge may review the
  defendant's record and consider whether to amend the record of
  conviction to reflect a conviction for a Class A misdemeanor in lieu
  of a state jail felony. On disposition of the community supervision
  in a manner provided by Section 20, the judge, on discharge of the
  defendant, may amend the record of conviction to reflect a
  conviction for a Class A misdemeanor in lieu of a state jail felony,
  subject to Subsection (m), if:
               (1)  the offense for which the defendant was placed on
  community supervision was not an offense:
                     (A)  under Section 30.02, Section 30.04, Section
  39.04(a)(2), Section 49.045, or Title 5, Penal Code;
                     (B)  under Article 62.102; or
                     (C)  involving family violence, as defined by
  Section 71.004, Family Code;
               (2)  the defendant has fulfilled to the judge's
  satisfaction all the conditions of community supervision,
  including the payment of all required restitution, and is not
  delinquent on the payment of any fines, costs, and fees that the
  defendant has the ability to pay;
               (3)  the defendant files with the written motion a
  statement that:
                     (A)  contains a summary of the defendant's
  performance during community supervision, including compliance
  with the conditions of community supervision; and
                     (B)  asserts that the defendant meets the
  conditions for an amendment of the record of conviction under this
  subsection;
               (4)  the defendant provides a copy of the motion and
  statement to the attorney representing the state; and
               (5)  at the hearing held on the motion, the judge finds
  that an amendment of the record of conviction is in the best
  interest of justice.
         (m)  A judge who amends a record of conviction under
  Subsection (l) may not modify the name of the state jail felony
  offense for which the judge placed the defendant on community
  supervision. A defendant whose record of conviction is amended
  under Subsection (l) is not considered to have been convicted of a
  felony with respect to the modified offense.
         (n)  A record of conviction that is amended under Subsection
  (l) supersedes and takes the place of the record of conviction as it
  existed on the original date of conviction. A judge retains
  jurisdiction for the purposes of Subsection (l) only until the
  expiration of the term of community supervision.
         SECTION 1.02.  Article 55.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 55.01.  RIGHT TO EXPUNCTION. (a) A person who has been
  placed under a custodial or noncustodial arrest for commission of
  either a felony or misdemeanor is entitled to have all records and
  files relating to the offense for which the person was arrested [the
  arrest] expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
               (2)  the person has been released and the charge, if
  any, for the offense for which the expunction is sought has been
  dismissed or has not resulted in a final conviction for that
  offense, the charge [and] is no longer pending, and there was no
  court-ordered community supervision under Article 42.12 for that
  [the] offense[,] unless the offense is a Class C misdemeanor,
  provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of the [a misdemeanor]
  offense [based on the person's arrest or charging the person with
  the commission of any felony offense arising out of the same
  transaction for which the person was arrested]:
                           (i)  has not been presented against the
  person at any time following the person's arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the offense [arrest] for which the
  expunction was sought was [for an offense] punishable as a Class C
  misdemeanor and if there was no felony charge arising out of the
  same transaction for which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the offense [arrest] for which the expunction
  was sought was [for an offense] punishable as a Class B or A
  misdemeanor and if there was no felony charge arising out of the
  same transaction for which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the offense [arrest] for which the
  expunction was sought was [for an offense] punishable as a felony or
  if there was a felony charge arising out of the same transaction for
  which the person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable [arrest] records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  person's arrest, was dismissed or quashed, and the court finds that
  the indictment or information was dismissed or quashed because the
  person completed a pretrial intervention program authorized under
  Section 76.011, Government Code, because the presentment had been
  made because of mistake, false information, or other similar reason
  indicating absence of probable cause at the time of the dismissal to
  believe the person committed the offense, or because the indictment
  or information was void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         (a-1)  Notwithstanding any other provision of this article,
  a person may not expunge offense records and files if the applicable
  [relating to an] arrest occurred [that occurs] pursuant to a
  warrant issued under Section 21, Article 42.12.
         (a-2)  Notwithstanding any other provision of this article,
  a person who intentionally or knowingly absconds from the
  jurisdiction after being released under Chapter 17 following an
  arrest is not eligible under Subsection (a)(2)(A)(i)(a), (b), or
  (c) or Subsection (a)(2)(B) for an expunction of the records and
  files relating to that arrest and to the proceedings conducted
  under Chapter 17.
         (b)  Except as provided by Subsection (c), a district court
  may expunge all records and files relating to the offense with
  respect to [arrest of] a person who has been arrested for commission
  of a felony or misdemeanor under the procedure established under
  Article 55.02 if:
               (1)  the person is:
                     (A)  tried for the offense [for which the person
  was arrested];
                     (B)  convicted of the offense; and
                     (C)  acquitted by the court of criminal appeals
  or, if the period for granting a petition for discretionary review
  has expired, by a court of appeals; or
               (2)  an office of the attorney representing the state
  authorized by law to prosecute the offense for which the person was
  arrested recommends the expunction to the appropriate district
  court before the person is tried for the offense, regardless of
  whether an indictment or information has been presented against the
  person in relation to the offense.
         (c)  A court may not order the expunction of records and
  files relating to [an arrest for] an offense for which a person is
  subsequently acquitted, whether by the trial court, a court of
  appeals, or the court of criminal appeals, if the offense for which
  the person was acquitted arose out of a criminal episode, as defined
  by Section 3.01, Penal Code, and the person was convicted of or
  remains subject to prosecution for at least one other offense
  occurring during the criminal episode.
         (d)  A person is entitled to have expunged any information
  that identifies the person, including the person's name, address,
  date of birth, driver's license number, and social security number,
  contained in records and files relating to another person's [the]
  arrest or to any ensuing criminal proceedings based on that arrest
  [of another person expunged] if:
               (1)  the information identifying the person asserting
  the entitlement to expunction was falsely given by the person
  arrested as the arrested person's identifying information without
  the consent of the person asserting the entitlement; and
               (2)  the only reason for the information identifying
  the person asserting the entitlement being contained in the offense 
  [arrest] records and files of the person arrested is that the
  information was falsely given by the person arrested as the
  arrested person's identifying information.
         SECTION 1.03.  Section 2a(b), Article 55.02, Code of
  Criminal Procedure, is amended to read as follows:
         (b)  The application must be verified, include authenticated
  fingerprint records of the applicant, and include the following or
  an explanation for why one or more of the following is not included:
               (1)  the applicant's full name, sex, race, date of
  birth, driver's license number, social security number, and address
  at the time the person who falsely identified himself or herself as
  the applicant was arrested;
               (2)  the following information regarding the arrest:
                     (A)  the date of arrest;
                     (B)  the offense charged against the person
  arrested;
                     (C)  the name of the county or municipality in
  which the arrest occurred; and
                     (D)  the name of the arresting agency; and
               (3)  a statement that:
                     (A)  the applicant is not the person arrested and
  for whom the applicable [arrest] records and files were created;
  and
                     (B)  the applicant did not give the person
  arrested consent to falsely identify himself or herself as the
  applicant.
         SECTION 1.04.  Section 3(a), Article 55.02, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  In an order of expunction issued under this article, the
  court shall require any state agency that sent information
  concerning the offense [arrest] to a central federal depository to
  request the depository to return all records and files subject to
  the order of expunction. The person who is the subject of the
  expunction order or an agency protesting the expunction may appeal
  the court's decision in the same manner as in other civil cases.
         SECTION 1.05.  Section 4(a-1), Article 55.02, Code of
  Criminal Procedure, is amended to read as follows:
         (a-1)  The court shall provide in its expunction order that
  the applicable law enforcement agency and prosecuting attorney may
  retain the offense [arrest] records and files of any person who
  becomes entitled to an expunction of those records and files based
  on the expiration of a period described by Article
  55.01(a)(2)(A)(i)(a), (b), or (c), but without the certification of
  the prosecuting attorney as described by Article
  55.01(a)(2)(A)(i)(d).
         SECTION 1.06.  Article 55.03, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 55.03.  EFFECT OF EXPUNCTION. When the order of
  expunction is final:
               (1)  the release, maintenance, dissemination, or use of
  the expunged records and files for any purpose is prohibited;
               (2)  except as provided in Subdivision (3) [of this
  article], the person arrested may deny:
                     (A)  the occurrence of the arrest and any ensuing
  criminal proceedings based on the arrest; and
                     (B)  the existence of the expunction order; and
               (3)  the person arrested or any other person, when
  questioned under oath in a criminal proceeding about an offense
  [arrest] for which the records have been expunged, may state only
  that the matter in question has been expunged.
         SECTION 1.07.  Section 1, Article 55.04, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  A person who, [acquires knowledge of an arrest]
  while an officer or employee of the state or of any agency or other
  entity of the state or any political subdivision of the state,
  acquires knowledge of an arrest or of criminal proceedings based on
  that arrest and who knows of an order expunging the records and
  files relating to the applicable offense [that arrest] commits an
  offense if he knowingly releases, disseminates, or otherwise uses
  the records or files.
         SECTION 1.08.  Section 12.44, Penal Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  With the written consent of the prosecuting attorney
  prior to sentencing, the court may amend the record of conviction to
  reflect a conviction for a Class A misdemeanor in lieu of a state
  jail felony as provided by Section 15(l), Article 42.12, Code of
  Criminal Procedure.
  ARTICLE 2
         SECTION 2.01.  Section 109.005(a), Business & Commerce Code,
  as added by Chapter 1200 (S.B. No. 1289), Acts of the 83rd
  Legislature, Regular Session, 2013, is amended to read as follows:
         (a)  A business entity may not publish any criminal record
  information in the business entity's possession with respect to
  which the business entity has knowledge or 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)], Government Code.
         SECTION 2.02.  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 rights waiver motion filing fee in
  El Paso County (Sec. 54.745, Government Code) . . . $100;
               (4)  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; and
                     (E)  in Travis County (Sec. 54.983, Government
  Code) . . . magistrate's fees;
               (5)  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]
               (6)  fee paid on filing a petition for an order of
  nondisclosure of criminal history record information in certain
  cases (Sec. 411.081(f-1) [411.081], Government Code) . . . $28.
         SECTION 2.03.  Section 411.081, Government Code, is amended
  by adding Subsections (d-1), (e-1), (h-1), and (h-2) and amending
  Subsections (f), (f-1), and (h) to read as follows:
         (d-1)  Notwithstanding any other provision of this chapter
  and subject to Subsection (e-1), 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 an
  offense under the Transportation Code 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. After notice to the state,
  the court shall hold a hearing on whether the person is entitled to
  file the petition and whether issuance of the order is in the best
  interest of justice. In determining whether granting the order is
  in the best interest of justice, the court may consider the person's
  criminal history record information among any other factors the
  court considers relevant. If the court determines that granting
  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
  placed 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 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 any offense other than an
  offense under the Transportation Code punishable by fine only,
  regardless of whether that offense is subject to an order of
  nondisclosure of criminal history record information granted under
  this section or any other law.
         (f)  For purposes of Subsections [Subsection] (d), (e), and
  (e-1), a person is considered to have been placed on deferred
  adjudication community supervision if, regardless of the statutory
  authorization:
               (1)  the person entered a plea of guilty or nolo
  contendere;
               (2)  the judge deferred further proceedings without
  entering an adjudication of guilt and placed the person under the
  supervision of the court or an officer under the supervision of the
  court; and
               (3)  at the end of the period of supervision, the judge
  dismissed the proceedings and discharged the person.
         (f-1)  A person who petitions the court for an order of
  nondisclosure under Subsection (d) or (d-1) may file the petition
  in person, electronically, or by mail. The petition must be
  accompanied by 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 Office of Court Administration of the Texas
  Judicial System shall prescribe a form for the filing of a petition
  electronically or by mail. The form must provide for the petition
  to be accompanied by the required fees and any other supporting
  material determined necessary by the office of court
  administration, including evidence that the person is entitled to
  file the petition. The office of court administration shall make
  available on its Internet website the electronic application and
  printable application form. Each county or district clerk's office
  that maintains an Internet website shall include on that website a
  link to the electronic application and printable application form
  available on the office of court administration's Internet website.
  On receipt of a petition under this subsection, the court shall
  provide notice to the state and an opportunity for 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 hold a
  hearing before determining whether to issue an order of
  nondisclosure, except that a hearing is not required if:
               (1)  the state does not request a hearing on the issue
  before the 45th day after the date on which the state receives
  notice under this subsection; and
               (2)  the court determines that:
                     (A)  the defendant is entitled to file the
  petition; and
                     (B)  the order is in the best interest of justice.
         (h)  The clerk of a court that collects a fee paid under
  Subsection (f-1) for a petition filed under Subsection (d) [(d)]
  shall remit the fee to the comptroller not later than the last day
  of the month following the end of the calendar quarter in which the
  fee is collected, and the comptroller shall deposit the fee in the
  general revenue fund.
         (h-1)  The clerk of a court that collects a fee paid under
  Subsection (f-1) for a petition filed under Subsection (d-1) shall
  deposit the fee to the credit of the general fund of the
  municipality or county, as applicable.
         (h-2)  The Department of Public Safety shall submit a report
  to the legislature not later than December 1 of each even-numbered
  year that includes information on:
               (1)  the number of petitions for nondisclosure and
  orders of nondisclosure received by the department in each of the
  previous two years;
               (2)  the actions taken by the department with respect
  to the petitions and orders received;
               (3)  the costs incurred by the department in taking
  those actions; and
               (4)  the number of persons who are the subject of an
  order of nondisclosure and who became the subject of criminal
  charges for an offense committed after the order was issued.
         SECTION 2.04.  Section 411.081(i), Government Code, as
  amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B.
  869), Acts of the 83rd Legislature, Regular Session, 2013, is
  reenacted and amended to read as follows:
         (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;
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local intellectual and developmental
  disability [mental retardation] authority, or a community center
  providing services to persons with mental illness or intellectual
  or developmental disabilities [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, or a facility as defined by Section 250.001, Health and
  Safety Code;
               (18)  the securities commissioner, the banking
  commissioner, the savings and mortgage lending commissioner, the
  consumer credit commissioner, or the credit union commissioner;
               (19)  the Texas State Board of Public Accountancy;
               (20)  the Texas Department of Licensing and Regulation;
               (21)  the Health and Human Services Commission;
               (22)  the Department of Aging and Disability Services;
               (23)  the Texas Education Agency;
               (24)  the Judicial Branch Certification Commission;
               (25)  a county clerk's office in relation to a
  proceeding for the appointment of a guardian under Title 3, Estates
  Code [Chapter XIII, Texas Probate Code];
               (26)  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)  the Texas Department of Insurance;
               (28)  the Teacher Retirement System of Texas; and
               (29) [(30)]  the Texas State Board of Pharmacy.
         SECTION 2.05.  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 2.06.  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 2.07.  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 2.08.  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)].
         SECTION 2.09.  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 a
  person listed in Section 411.081(i)(18) [411.081(i)(19)],
  Government Code.
         SECTION 2.10.  This article takes effect only if S.B. 1902,
  Acts of the 84th Legislature, Regular Session, 2015, does not
  become law. If that bill becomes law, this article has no effect.
  ARTICLE 3
         SECTION 3.01.  Subchapter E-1, Chapter 411, Government Code,
  as effective September 1, 2015, is amended by adding Section
  411.0729 to read as follows:
         Sec. 411.0729.  PROCEDURE FOR CERTAIN FINE-ONLY
  MISDEMEANORS. (a)  This section applies only to 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 an offense under the Transportation Code or
  an offense under a municipal ordinance or county order.
         (b)  Notwithstanding any other provision of this chapter or
  Subchapter F, a person described by Subsection (a) may petition the
  court that convicted or granted a dismissal to the person for an
  order of nondisclosure of criminal history record information under
  this section if the person:
               (1)  satisfies the requirements of Section 411.074; and
               (2)  has never been previously convicted of or placed
  on deferred adjudication community supervision for another offense
  other than an offense under the Transportation Code that is
  punishable by fine only, regardless of whether that offense is
  subject to an order of nondisclosure of criminal history record
  information granted under this subchapter or any other law.
         (c)  After notice to the state, the court shall hold a
  hearing on whether the person is entitled to file the petition and
  whether issuance of the order is in the best interest of justice.
  In determining whether granting the order is in the best interest of
  justice, the court may consider the person's criminal history
  record information among any other factors the court considers
  relevant. If the court determines that granting 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 section for a person
  convicted of the offense, a court may require the person to perform
  community service, pay a fee, or both perform the community service
  and pay the fee as if the person had been placed on probation
  pending deferred disposition under Article 45.051, Code of Criminal
  Procedure.
         (d)  A person may petition the court for an order of
  nondisclosure of criminal history record information under this
  section only on or after the first anniversary of the conviction or
  dismissal, as applicable.
         SECTION 3.02.  Section 411.077, Government Code, as
  effective September 1, 2015, is amended by adding Subsection (a-1)
  to read as follows:
         (a-1)  The clerk of a court that collects a fee paid under
  Section 411.0745 for a petition filed under Section 411.0729 shall
  deposit the fee to the credit of the general fund of the
  municipality or county, as applicable.
         SECTION 3.03.  This article takes effect only if S.B. 1902,
  Acts of the 84th Legislature, Regular Session, 2015, becomes law.
  If that bill does not become law, this article has no effect.
  ARTICLE 4
         SECTION 4.01.  This Act applies to an expunction of records
  and files relating to any criminal offense that occurred before,
  on, or after the effective date of this Act.
         SECTION 4.02.  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.
         SECTION 4.03.  The changes in law made by this Act in
  amending Section 15, Article 42.12, Code of Criminal Procedure, and
  adding Section 12.44(c), Penal Code, apply only to a defendant who
  is placed on community supervision for an offense committed on or
  after the effective date of this Act. A defendant who is placed on
  community supervision for an offense committed before the effective
  date of this Act is governed by the law in effect on the date the
  offense was committed, and the former law is continued in effect for
  that purpose. For purposes of this section, an offense was
  committed before the effective date of this Act if any element of
  the offense occurred before that date.
         SECTION 4.04.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3579 was passed by the House on May
  15, 2015, by the following vote:  Yeas 124, Nays 4, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3579 on May 29, 2015, by the following vote:  Yeas 142, Nays 3,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3579 was passed by the Senate, with
  amendments, on May 27, 2015, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor