Bill Text: TX HB463 | 2025-2026 | 89th Legislature | Engrossed

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Bill Title: Relating to certain pretrial hearings for defendants charged with certain controlled substance offenses and the expunction of all records and files related to arrests for certain controlled substance offenses.

Sponsorship: Slight Partisan Bill (Democrat 22-10)

Status: (Engrossed - Dead) 2025-05-01 - Received from the House [HB463 Detail]

Download: Texas-2025-HB463-Engrossed.html

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By: Jones of Harris, Curry, Little, LaHood, H.B. No. 463
Plesa, et al.

A BILL TO BE ENTITLED
AN ACT
relating to certain pretrial hearings for defendants charged with
certain controlled substance offenses and the expunction of all
records and files related to arrests for certain controlled
substance offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 28.01, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. The court may set any criminal case for a pre-trial
hearing before it is set for trial upon its merits, and direct the
defendant and the defendant's [his] attorney, if any of record, and
the State's attorney, to appear before the court at the time and
place stated in the court's order for a conference and hearing. The
defendant must be present at the arraignment, and the defendant's
[his] presence is required during any pre-trial proceeding. The
pre-trial hearing shall be to determine any of the following
matters:
(1) Arraignment of the defendant, if [such be]
necessary; and appointment of counsel to represent the defendant,
if [such be] necessary;
(2) Pleadings of the defendant;
(3) Special pleas, if any;
(4) Exceptions to the form or substance of the
indictment or information;
(5) Motions for continuance either by the State or
defendant; provided that grounds for continuance not existing or
not known at the time may be presented and considered at any time
before the defendant announces ready for trial;
(6) Motions to suppress evidence, and when [--When] a
hearing on the motion to suppress evidence is granted, the court may
determine the merits of the [said] motion on the motions
themselves, or upon opposing affidavits, or upon oral testimony,
subject to the discretion of the court;
(7) Motions for change of venue by the State or the
defendant; provided, however, that a motion [such motions] for
change of venue, if overruled at the pre-trial hearing, may be
renewed by the State or the defendant during the voir dire
examination of the jury;
(8) Discovery;
(9) Entrapment; [and]
(10) Motion for appointment of interpreter; and
(11) Motion to determine if a suspected controlled
substance contains a controlled substance.
SECTION 2. Chapter 28, Code of Criminal Procedure, is
amended by adding Article 28.15 to read as follows:
Art. 28.15. PRETRIAL HEARING ON PRESENCE OF A CONTROLLED
SUBSTANCE. (a) This article applies only to a defendant who is
charged with the commission of an offense under Subchapter D,
Chapter 481, Health and Safety Code, involving the manufacture,
delivery, or possession of a controlled substance.
(b) On the written motion of a defendant requesting a
determination that a suspected controlled substance contains a
controlled substance, the court, at a pretrial hearing described by
Article 28.01, shall:
(1) determine whether the suspected controlled
substance contains a controlled substance; and
(2) issue written findings of fact and conclusions of
law supporting the determination.
(c) At a hearing under this article, the attorney
representing the state has the burden of providing a laboratory
analysis showing that the suspected controlled substance contains a
controlled substance.
(d) The court shall dismiss the criminal charge with
prejudice if:
(1) the laboratory analysis of the suspected
controlled substance finds no presence of a controlled substance;
or
(2) the attorney representing the state fails to
provide a laboratory analysis of the suspected controlled
substance.
SECTION 3. Subchapter A, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.007 to read as follows:
Art. 55A.007. CERTAIN CONTROLLED SUBSTANCE OFFENSES. A
person to whom this subchapter applies is entitled to the
expunction of all records and files related to the arrest,
including, as applicable, any records and files related to a
conviction of the offense, if:
(1) the person is currently charged with, convicted
of, or placed on deferred adjudication community supervision under
Subchapter C, Chapter 42A, for an offense under Subchapter D,
Chapter 481, Health and Safety Code, involving the manufacture,
delivery, or possession of a controlled substance;
(2) a laboratory analysis of the suspected controlled
substance finds no presence of a controlled substance; and
(3) for a person who was convicted of or placed on
deferred adjudication community supervision for an offense, as
applicable:
(A) the person's sentence, including any term of
confinement or period of community supervision imposed and payment
of all fines and costs imposed, is finally discharged; or
(B) the person received a dismissal and discharge
under Article 42A.111 for the offense.
SECTION 4. Article 55A.053(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A person to whom this subchapter applies is entitled to
have all records and files relating to the arrest expunged if:
(1) an indictment or information charging the person
with the commission of 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, when presented at any time following the arrest, was
dismissed or quashed; and
(2) the court finds that the indictment or information
was dismissed or quashed because:
(A) the person completed a veterans treatment
court program created under Chapter 124, Government Code, or former
law, subject to Subsection (b);
(B) the person completed a mental health court
program created under Chapter 125, Government Code, or former law,
subject to Subsection (c);
(C) the person completed a pretrial intervention
program authorized under Section 76.011, Government Code, other
than a program described by Paragraph (A) or (B);
(D) the person is charged with an offense under
Subchapter D, Chapter 481, Health and Safety Code, involving the
manufacture, delivery, or possession of a controlled substance and
a laboratory analysis of the suspected controlled substance finds
no presence of a controlled substance;
(E) the presentment of the indictment or
information was 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
(F) [(E)] the indictment or information was
void.
SECTION 5. Subchapter E, Chapter 55A, Code of Criminal
Procedure, is amended by adding Article 55A.2035 to read as
follows:
Art. 55A.2035. NO CONTROLLED SUBSTANCE PRESENT. (a) A
trial court that is a district court or a district court in the
county in which the trial court is located shall enter an expunction
order for a person entitled to expunction under Article
55A.053(a)(2)(D) not later than the 30th day after the date the
court, as applicable:
(1) dismisses the case following a laboratory analysis
of a suspected controlled substance that finds no presence of a
controlled substance; or
(2) receives the information regarding the dismissal.
(b) Notwithstanding any other law, a court that enters an
expunction order under this article may not charge any fee or assess
any cost for the expunction.
SECTION 6. Article 55A.204, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.204. DUTIES OF ATTORNEY REPRESENTING STATE
REGARDING EXPUNCTION ORDER. The attorney representing the state
shall prepare an expunction order under Article 55A.202, [or]
55A.203, or 55A.2035 for the court's signature and notify the Texas
Department of Criminal Justice if the person who is the subject of
the order is in the custody of the department.
SECTION 7. Article 55A.205, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.205. REQUIRED CONTENT OF EXPUNCTION ORDER. In an
expunction order entered under Article 55A.202, [or] 55A.203, or
55A.2035, the court shall:
(1) provide a listing of each official, agency, or
other entity of this state or political subdivision of this state
and each private entity that there is reason to believe has any
record or file that is subject to the order; and
(2) require that:
(A) the Texas Department of Criminal Justice send
to the court any documents delivered to the department under
Section 8(a), Article 42.09; and
(B) the Department of Public Safety and the Texas
Department of Criminal Justice delete or redact, as appropriate,
from their public records all index references to the records and
files that are subject to the expunction order.
SECTION 8. Article 55A.251, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.251. FILING OF PETITION. (a) A person who is
entitled to expunction of records and files under Article 55A.002,
55A.004, or 55A.005 or Subchapter B, or a person who is eligible for
expunction of records and files under Article 55A.101, may, subject
to Article 55A.252, file an ex parte petition for expunction in a
district court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
(b) A person who is entitled to expunction of records and
files under Article 55A.007 may file an ex parte petition for
expunction:
(1) if the person is currently charged with the
offense, in the district court for the county in which the person
was arrested or the offense was alleged to have occurred; or
(2) if the person was convicted of the offense or
placed on deferred adjudication community supervision for the
offense, in the court that convicted the person or placed the person
on deferred adjudication community supervision.
SECTION 9. Article 55A.253, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.253. CONTENTS OF PETITION. (a) An ex parte
petition filed under Article 55A.251, 55A.252, or 55A.257 must be
verified and must include, with respect to the person who is the
subject of the petition, the following or an explanation for why one
or more of the following is not included:
(1) the person's:
(A) full name;
(B) sex;
(C) race;
(D) date of birth;
(E) driver's license number;
(F) social security number; and
(G) address at the time of the arrest;
(2) the offense charged;
(3) the date the offense charged was alleged to have
been committed;
(4) the date of arrest;
(5) the name of the county of arrest and if the arrest
occurred in a municipality, the name of the municipality;
(6) the name of the arresting agency;
(7) the case number and court of offense; and
(8) together with the applicable physical or e-mail
addresses, a list of all:
(A) law enforcement agencies, jails or other
detention facilities, magistrates, courts, attorneys representing
the state, correctional facilities, central state depositories of
criminal records, and other officials or agencies or other entities
of this state or of any political subdivision of this state;
(B) central federal depositories of criminal
records that the person who is the subject of the petition has
reason to believe have records or files that are subject to
expunction; and
(C) private entities that compile and
disseminate for compensation criminal history record information
that the person who is the subject of the petition has reason to
believe have information related to records or files that are
subject to expunction.
(b) In addition to the information required under
Subsection (a), an ex parte petition filed under Article 55A.251(b)
must contain a laboratory report or other evidence demonstrating
that no controlled substance was present in the suspected
controlled substance.
SECTION 10. Article 55A.257, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.257. DEPARTMENT OF PUBLIC SAFETY MAY FILE PETITION
ON PERSON'S BEHALF. The director of the Department of Public Safety
or the director's authorized representative may file on behalf of a
person described by Article 55A.251(a) [55A.251] or 55A.256 an ex
parte petition for expunction in a district court for the county in
which:
(1) the person was arrested; or
(2) the offense was alleged to have occurred.
SECTION 11. Article 55A.353, Code of Criminal Procedure, is
amended to read as follows:
Art. 55A.353. DISPOSITION OF EXPUNGED RECORDS. Except as
provided by Articles 55A.354 and 55A.357, on receipt of an
expunction order issued under Subchapter E or F, each official or
agency or other governmental entity named in the order shall:
(1) as appropriate:
(A) return all records and files that are subject
to the expunction order to the court; or
(B) in cases other than those described by
Articles 55A.202, [and] 55A.203, and 55A.2035, if removal is
impracticable, obliterate all portions of the record or file that
identify the person who is the subject of the order and notify the
court of the action; and
(2) delete from the named entity's public records all
index references to the records and files that are subject to the
expunction order.
SECTION 12. Articles 102.006(b) and (b-1), Code of Criminal
Procedure, are amended to read as follows:
(b) The fees under Subsection (a) or the fee under
Subsection (a-1), as applicable, shall be waived if:
(1) the petitioner seeks expunction of a criminal
record that relates to an arrest for an offense of which the person
was acquitted, other than an acquittal for an offense described by
Article 55A.151, and the petition for expunction is filed not later
than the 30th day after the date of the acquittal; or
(2) the petitioner is entitled to expunction under
Article 55A.007.
(b-1) The fees under Subsection (a) shall be waived if the
petitioner is entitled to expunction:
(1) under Article 55A.053(a)(2)(A) after successful
completion of a veterans treatment court program created under
Chapter 124, Government Code, or former law; [or]
(2) under Article 55A.053(a)(2)(B) after successful
completion of a mental health court program created under Chapter
125, Government Code, or former law; or
(3) under Article 55A.053(a)(2)(D).
SECTION 13. The change in law made by this Act to Chapter
28, Code of Criminal Procedure, applies only to an offense
committed on or after the effective date of this Act. 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 14. For a person entitled to expunction under
Article 55A.007, Code of Criminal Procedure, as added by this Act,
this Act applies to an expunction of arrest records and files
relating to an offense that was committed before, on, or after the
effective date of this Act.
SECTION 15. (a) Subject to Subsection (b) of this section,
for a person entitled to expunction under Article 55A.053(a)(2)(D),
Code of Criminal Procedure, as amended by this Act:
(1) this Act applies only to the expunction of arrest
records and files related to:
(A) a charge for an offense that was dismissed on
or after the effective date of this Act; or
(B) an arrest made on or after the effective date
of this Act; and
(2) expunction for a dismissal or arrest that occurred
before the effective date of this Act is governed by the law in
effect on the date of the dismissal or arrest, and the former law is
continued in effect for that purpose.
(b) For a person who is entitled to expunction under Article
55A.053(a)(2)(D), Code of Criminal Procedure, as amended by this
Act, before the effective date of this Act, notwithstanding the
30-day time limit provided for the court to enter an automatic order
of expunction under Article 55A.2035, Code of Criminal Procedure,
as added by this Act, the court shall enter an order of expunction
for the person as soon as practicable after the court receives
written notice from any party to the case about the person's
entitlement to the expunction.
SECTION 16. The changes in law made by this Act to Article
102.006, Code of Criminal Procedure, apply to the fees charged or
costs assessed for an expunction order entered on or after the
effective date of this Act.
SECTION 17. This Act takes effect September 1, 2025.