HB 2507

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
neutral
Property Rights
positive
Personal Responsibility
neutral
Limited Government
positive
Individual Liberty
Digest
HB 2507 changes the process for obtaining orders of nondisclosure for certain misdemeanor defendants who successfully complete deferred adjudication community supervision. Rather than relying primarily on courts to determine eligibility at the time of dismissal and discharge, the bill establishes an automated process under which the Department of Public Safety (DPS) must periodically review criminal history records, identify individuals who qualify for automatic nondisclosure, and electronically notify the appropriate court. Upon receiving notice from DPS, the court must issue an order of nondisclosure within 15 business days, preventing public disclosure of the eligible criminal history record.

To support the automated process, the bill requires additional criminal history record information to be maintained by DPS, including whether an affirmative finding disqualifying a person from automatic nondisclosure was made and, for appealed convictions, the final appellate disposition. The bill also creates procedures allowing individuals with qualifying dismissals dating back to January 1, 1993, to request a DPS eligibility determination if they were not identified through the automated review process. Individuals may also continue to present evidence directly to the court to establish eligibility when necessary. Eligible applicants may not be charged a fee for issuance of an automatic nondisclosure order.

The bill preserves existing eligibility limitations by excluding specified misdemeanor offenses, including certain intoxication, violent, sexual, family violence, weapons, and organized crime offenses, as well as cases involving affirmative findings of family violence. It also maintains restrictions limiting eligibility to individuals who have not previously received automatic nondisclosure under this section and who have not been previously convicted of or placed on deferred adjudication for another offense other than a fine-only traffic offense. The Office of Court Administration and DPS must develop the electronic notification process by September 1, 2027. Most provisions take effect January 1, 2028, while the coordination requirement for the Office of Court Administration takes effect September 1, 2025.

The Committee Substitute retains the original bill's overall objective of creating an automated process for issuing orders of nondisclosure for eligible misdemeanor defendants who successfully complete deferred adjudication community supervision. The eligibility requirements, the transition from a court-driven process to a Department of Public Safety (DPS)-initiated review, the elimination of application fees, and the ability for individuals to request an eligibility determination from DPS all remain substantially unchanged between the two versions.

The principal substantive change made by the Committee Substitute concerns how DPS must notify courts of eligible individuals. As originally filed, DPS was required to provide the clerk of the appropriate court with a notice and list identifying individuals who might qualify for an order of nondisclosure. The committee substitute instead requires DPS to provide electronic notice in a manner prescribed by the Office of Court Administration (OCA), replacing the more general notification requirement with a standardized electronic process intended to facilitate statewide implementation.

To support this revised notification system, the Committee Substitute adds a new implementation provision directing the Office of Court Administration to confer with DPS no later than September 1, 2027, regarding the content of the electronic notices used for automatic nondisclosure. The substitute also creates a staggered effective date, making the OCA coordination requirement effective September 1, 2025, while leaving the remainder of the bill scheduled to take effect January 1, 2028. The originally filed bill contained only a single January 1, 2028, effective date and did not include the OCA implementation requirement.

The Committee Substitute also makes several technical and clarifying revisions. It specifies that electronic notices must be transmitted in the manner prescribed by OCA, updates language describing the expiration of deferred adjudication community supervision, and makes minor wording changes throughout the bill to improve clarity and consistency without materially changing the underlying policy. Aside from these implementation and drafting refinements, the Committee Substitute leaves the substance and operation of the originally filed bill largely intact.
Author (1)
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the state is anticipated from HB 2507. Although the bill expands access to automatic orders of nondisclosure for certain individuals who successfully complete deferred adjudication for eligible misdemeanor offenses, the Department of Public Safety (DPS) estimates that any administrative costs associated with implementing the required monthly record reviews and electronic notifications to courts can be absorbed using existing resources.

The bill may have a greater effect on local courts, but the magnitude of that impact cannot be determined at this time. The Office of Court Administration reports that it is unable to estimate how many individuals will qualify for or request automatic nondisclosure under the bill. As a result, it is unclear whether local courts will be able to manage the additional workload, issuing nondisclosure orders without petitions or filing fees, using existing staff and resources, or whether additional costs could be incurred depending on the volume of eligible cases.

Vote Recommendation Notes

HB 2507 implements an administrative process that the Legislature previously authorized but was never fully able to execute due to technological limitations. Rather than expanding eligibility for nondisclosure, the bill establishes an automated mechanism for identifying individuals who are already entitled to an order of nondisclosure under existing law and directs the Department of Public Safety (DPS) to electronically notify courts so those orders can be issued without requiring a petition or filing fee.

The bill results in a modest expansion of government administrative responsibilities by requiring DPS to conduct monthly automated eligibility reviews and coordinate electronically with the Office of Court Administration and local courts. However, this expansion is procedural rather than programmatic. It does not create a new state program, agency, or regulatory framework, nor does it broaden substantive eligibility for nondisclosure beyond what current law already provides. Instead, it streamlines the administration of an existing statutory entitlement.

The measure is not expected to increase the burden on state taxpayers. According to the LBB, no significant fiscal implication to the state is anticipated, and DPS expects to absorb implementation costs using existing resources. While local courts may experience some increase in administrative workload from issuing additional nondisclosure orders, the Office of Court Administration cannot determine the extent of that impact because the number of eligible individuals is unknown.

The bill also does not impose any new regulatory burden on individuals or businesses. Instead, it reduces procedural burdens on eligible individuals by eliminating application petitions and associated filing fees while maintaining all existing public safety exclusions for violent, sexual, family violence, intoxication-related, and other disqualifying offenses. Because the legislation primarily improves administrative efficiency, carries minimal anticipated fiscal impact, and does not create meaningful new regulatory obligations or expand government authority beyond administering existing law more effectively. As such, Texas Policy Research recommends that lawmakers vote YES on HB 2507.

  • Individual Liberty: The bill has a positive impact on individual liberty by making it easier for eligible individuals to obtain orders of nondisclosure for qualifying misdemeanor offenses after successfully completing deferred adjudication. By automating a process already authorized under existing law, the bill reduces barriers to employment, housing, and other opportunities that can be limited by publicly available criminal history records. Importantly, it does not expand eligibility for nondisclosure but ensures that individuals already entitled to relief receive it without unnecessary procedural hurdles.
  • Personal Responsibility: The bill reinforces personal responsibility by rewarding individuals who successfully complete the terms of deferred adjudication community supervision and remain otherwise eligible under existing law. Eligibility continues to depend on completing court-ordered supervision, receiving a dismissal and discharge, satisfying statutory waiting periods, and having no disqualifying criminal history. The legislation simply automates recognition of that successful rehabilitation rather than changing the underlying standards.
  • Free Enterprise: The bill has a modest positive effect on free enterprise by reducing barriers to workforce participation and economic opportunity for individuals whose qualifying misdemeanor records become nondisclosable. Sealing eligible records can improve access to employment and occupational opportunities without imposing any new regulations, mandates, or compliance obligations on employers or businesses. The bill does not create new licensing requirements or regulatory burdens on the private sector.
  • Private Property Rights: The bill has no meaningful impact on private property rights. It neither alters property ownership nor affects land use, eminent domain, or property-related regulatory authority. Its provisions are limited to criminal history record nondisclosure procedures.
  • Limited Government: The bill has a mixed but overall neutral effect on limited government. On one hand, it modestly expands the administrative responsibilities of DPS and the Office of Court Administration by requiring monthly automated eligibility reviews and electronic coordination with local courts. On the other hand, it does not create a new agency, expand substantive government authority, establish a new regulatory program, or broaden eligibility beyond existing law. Instead, it improves the administration of an existing statutory entitlement while imposing no significant anticipated cost to the state. The procedural increase in administrative activity is offset by greater government efficiency and reduced burdens on both courts and eligible individuals.
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