82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690 Page: 8 of 11
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H.B. No. 351
1 agency or other governmental entity of this state or of any
2 political subdivision of this state named in [dccignac y. __- thc
3 perowho zujc o Wf a -^] the order. The certified copy of the
4 order must be sent by secure electronic mail, electronic
5 transmission, or facsimile transmission or otherwise by certified
6 mail, return receipt requested. In sending the order to a
7 governmental entity named in the order [doinat'- by '- -n-----],
8 the clerk may elect to substitute hand delivery for certified mail
9 under this subsection, but the clerk must receive a receipt for that
10 hand-delivered order.
11 SECTION 5. Section 4, Article 55.02, Code of Criminal
12 Procedure, is amended to read as follows:
13 Sec. 4. (a) If the state establishes that the person who is
14 the subject of an expunction order is still subject to conviction
15 for an offense arising out of the transaction for which the person
16 was arrested because the statute of limitations has not run and
17 there is reasonable cause to believe that the state may proceed
18 against the person for the offense, the court may provide in its
19 expunction order that the law enforcement agency and the
20 prosecuting attorney responsible for investigating the offense may
21 retain any records and files that are necessary to the
23 (a-l) The court shall provide in its expunction order that
24 the applicable law enforcement agency and prosecuting attorney may
25 retain the arrest records and files of any person who becomes
26 entitled to an expunction of those records and files based on the
27 expiration of a period described by Article 55.01(a)(2)(A)(i)(a),
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Texas. Legislature. House of Representatives. 82nd Texas Legislature, Regular Session, House Bill 351, Chapter 690, legislative document, June 17, 2011; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth311518/m1/8/: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.