Texas House Bill HB3903

Texas 2021 - 87th Regular

Caption

Relating to the confidentiality of eviction case information.

Impact

The implications of HB3903 are significant, as it will change how eviction records are handled by courts and potentially utilized in tenant screening. If enacted, courts will have the authority to make eviction case information confidential at the time of judgment or dismissal. For instance, if a tenant successfully defends against an eviction or if the case is dismissed, their eviction records would be kept confidential. This measure is likely to lead to fewer barriers for tenants seeking future housing opportunities, as their eviction history would not be disclosed to potential landlords or credit agencies in certain cases.

Summary

House Bill 3903 aims to enhance the confidentiality of eviction case information in Texas. Specifically, it amends the Property Code by adding a new section that outlines the circumstances under which eviction records can be rendered confidential. This bill is designed to protect the privacy of tenants who either have an eviction judgment in their favor, their case has been dismissed, or they are involved in scenarios like foreclosure eviction brought by a successor in interest. It seeks to ensure that sensitive eviction information does not adversely affect tenants' futures, particularly regarding tenant screening procedures and their ability to secure housing.

Contention

While many advocates for tenant rights support the passage of HB3903, it does present points of contention. Opponents may raise concerns over landlords’ rights to access eviction history, which could be significant in shielding landlords from problematic tenants. Furthermore, debates may arise surrounding the transparency of court records and the public's right to access such information. This law may also challenge existing practices of how eviction data is used in tenant screening by credit agencies and landlords, creating a need for a balance between tenant privacy and landlords' need to make informed decisions.