H.B. No. 463 proposes significant amendments to the Texas Code of Criminal Procedure, particularly concerning pretrial hearings for defendants charged with controlled substance offenses and the expunction of related records. The bill introduces a provision allowing defendants to request a pretrial hearing to ascertain whether a suspected controlled substance actually contains a controlled substance. If the court determines that the substance does not contain a controlled substance, the charge must be dismissed with prejudice. Additionally, the bill outlines the responsibilities of the state attorney to provide laboratory analysis and establishes a timeline for expunction orders following such determinations.

Moreover, the bill expands eligibility for expunction of records related to arrests for controlled substance offenses, allowing individuals to expunge records if they are currently charged with, convicted of, or placed on deferred adjudication for specific offenses, contingent upon laboratory analysis showing no presence of a controlled substance. It mandates that courts issue expunction orders without fees for those entitled to expunction under the new provisions. The bill also introduces Article 55A.007, which allows for expunction regardless of when the offense occurred, and modifies Article 55A.053(a)(2)(D) to clarify that expunction applies only to charges dismissed or arrests made on or after the effective date of the Act. The provisions of this Act are set to take effect on September 1, 2025.