By: Rose (Senate Sponsor - Blanco) H.B. No. 193
         (In the Senate - Received from the House April 27, 2021;
  May 14, 2021, read first time and referred to Committee on
  Jurisprudence; May 21, 2021, reported favorably by the following
  vote:  Yeas 5, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to juvenile court records of victims of sex trafficking.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 54, Family Code, is amended by adding
  Section 54.12 to read as follows:
         Sec. 54.12.  TRAFFICKING VICTIM FINDING. (a) This section
  applies to a child who was referred to a juvenile probation
  department and whose records include conduct:
               (1)  that constitutes an offense under Section
  43.02(a), Penal Code; and
               (2)  for which the defense under Section 43.02(d),
  Penal Code, applies.
         (b)  If applicable, the court shall enter a finding in the
  case of a child to whom this section applies stating that the child
  is a victim of trafficking.
         SECTION 2.  Subchapter C-1, Chapter 58, Family Code, is
  amended by adding Section 58.2552 to read as follows:
         Sec. 58.2552.  SEALING RECORDS WITH OR WITHOUT APPLICATION:
  TRAFFICKING VICTIM. (a) If a juvenile court enters a finding that a
  child is a victim of trafficking under Section 54.12, the court, on
  the court's own motion and without a hearing, shall immediately
  order the sealing of all records of the child that are related to
  the conduct described under that section.
         (b)  Notwithstanding Subsection (a), a child who is entitled
  to have records sealed under that subsection may file an
  application for the sealing of records related to the child's
  applicable conduct in the juvenile court served by the juvenile
  probation department to which the child was referred. The court may
  not charge a fee for filing the application, regardless of the form
  of the application. An application filed under this subsection
  must include the information required under Section 58.256(b).
         (c)  On receipt of an application under Subsection (b), the
  court shall immediately order the sealing of the child's records
  related to the applicable conduct without a hearing.
         SECTION 3.  This Act applies to juvenile court records
  created before, on, or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2021.
 
  * * * * *