Texas House Bill HB1097

Texas 2017 - 85th Regular

Caption

Relating to the expunction of records in residential eviction suits.

Impact

This legislation could have a substantial impact on state property laws. By enabling the expunction of eviction records, it paves the way for greater fairness in housing access and can help prevent tenants from being penalized indefinitely for eviction suits that may be unfounded. This measure underscores a shift towards more supportive tenant protections, addressing the stigmatization that often accompanies eviction notices. The bill aims to streamline the process for tenants who have faced unjust eviction suits and is seen as a step towards enhancing tenant rights.

Summary

House Bill 1097 aims to provide a legal framework for the expunction of records related to residential eviction suits. This bill allows courts to order the removal of such records from their records or those under their control. Tenants can file a motion for expunction during the trial if they believe the eviction suit lacks sufficient legal or factual basis. The court must then weigh the interests of justice against public interest before deciding whether to grant the expunction. This bill is particularly significant as it seeks to protect tenants from the long-term consequences of eviction records, potentially allowing them to regain access to housing opportunities previously denied due to past eviction cases.

Contention

Despite the bill's supportive intentions, it raises notable points of contention. Critics may argue that allowing courts to expunge eviction records could make it challenging for landlords to assess tenant rental histories accurately. There are concerns that this could lead to increased risks for property owners as there would be less transparency regarding a tenant's previous rental behavior. Additionally, the implementation of this bill will depend on the Texas Supreme Court adopting the necessary rules to enforce the expunction process, which adds another layer of complexity.