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From the 2005 Regular Session of the Texas Legislature

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See caveat and source notes at the 79th Regular Session page)

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	S.B. No. 166



AN ACT



relating to the effect of an expunction.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  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
other than a purpose described by Section
411.083(a) or (b)(1), (2), or (3), Government Code,
is prohibited;


	(2)  except as provided in Subdivision
(3) 3 of this article, the
person arrested may deny the occurrence of the arrest
and 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 arrest for which the records have been expunged,
may state only that the matter in question has been
expunged.


SECTION 2.  The Department of Public Safety
of the State of Texas shall as soon as practicable
take action as necessary to ensure compliance with
Subdivision (1), Article 55.03, Code of Criminal Procedure,
as amended by this Act, including the destruction of
information that has been maintained by the department
solely to enable the department to comply with Subdivision
(1), Article 55.03, Code of Criminal Procedure, as
that law existed immediately before the effective date
of this Act.


SECTION 3.  This Act takes effect immediately
if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article
III, Texas Constitution.  If this Act does not receive
the vote necessary for immediate effect, this Act takes
effect September 1, 2005.





______________________________   ______________________________



President of
the Senate             Speaker of the House



I hereby certify that S.B. No. 166 passed
the Senate on April 14, 2005, by the following vote:
 Yeas 31, Nays 0; and that the Senate concurred in
House amendments on May 27, 2005, by the following
vote:  Yeas 29, Nays 0.




______________________________


    Secretary of the Senate




I hereby certify that S.B. No. 166 passed
the House, with amendments, on May 19, 2005, by the
following vote:  Yeas 138, Nays 0, one present not
voting.




______________________________


    Chief Clerk of the House




Approved:


______________________________


             Date


______________________________


           Governor