85R1595 JRR-D
 
  By: Wu, Thompson of Harris, Moody H.B. No. 681
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to restricting access to certain information that relates
  to a person convicted of or granted a dismissal after deferral of
  disposition for a fine-only misdemeanor offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 44, Code of Criminal Procedure, is
  amended by adding Article 44.2812 to read as follows:
         Art. 44.2812.  CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
  MISDEMEANOR. (a)  Except as provided by Subsection (b) and Article
  45.0218(b), following the fifth anniversary of the date of a final
  conviction of, or of a dismissal after deferral of disposition for,
  a misdemeanor offense punishable by fine only, all records and
  files and information stored by electronic means or otherwise, from
  which a record or file could be generated, that are held or stored
  by or for an appellate court and relate to the person who was
  convicted of, or who received a dismissal after deferral of
  disposition for, the offense are confidential and may not be
  disclosed to the public.
         (b)  This article does not apply to an opinion issued by an
  appellate court.
         SECTION 2.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.0218 to read as follows:
         Art. 45.0218.  CONFIDENTIAL RECORDS RELATED TO FINE-ONLY
  MISDEMEANOR. (a)  Except as provided by Subsection (b), following
  the fifth anniversary of the date of a final conviction of, or of a
  dismissal after deferral of disposition for, a misdemeanor offense
  punishable by fine only, all records and files and information
  stored by electronic means or otherwise, from which a record or file
  could be generated, that are held or stored by or for a municipal or
  justice court and relate to the person who was convicted of, or who
  received a dismissal after deferral of disposition for, the offense
  are confidential and may not be disclosed to the public.
         (b)  Information subject to Subsection (a) may be open to
  inspection only by:
               (1)  judges or court staff;
               (2)  a criminal justice agency for a criminal justice
  purpose, as those terms are defined by Section 411.082, Government
  Code;
               (3)  the Department of Public Safety;
               (4)  the attorney representing the state;
               (5)  the defendant or the defendant's counsel; or
               (6)  if the offense is a traffic offense, an insurance
  company or surety company authorized to write motor vehicle
  liability insurance in this state.
         SECTION 3.  The change in law made by this Act applies to the
  disclosure of information on or after the effective date of this Act
  regardless of whether the offense that is the subject of the
  information was committed before, on, or after the effective date
  of this Act.
         SECTION 4.  This Act takes effect September 1, 2017.