| 1 | 1 | | 86R1056 BEE-F |
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| 2 | 2 | | By: Canales H.B. No. 174 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the expunction of records in residential eviction |
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| 8 | 8 | | suits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 24, Property Code, is amended by adding |
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| 11 | 11 | | Section 24.012 to read as follows: |
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| 12 | 12 | | Sec. 24.012. EXPUNCTION OF RECORDS IN RESIDENTIAL EVICTION |
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| 13 | 13 | | SUITS. (a) A court has jurisdiction to order the expunction of |
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| 14 | 14 | | records related to a residential eviction suit if the suit was filed |
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| 15 | 15 | | originally or on appeal with the court. The court may, on oral or |
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| 16 | 16 | | written motion of the tenant in the suit, order all records related |
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| 17 | 17 | | to the suit in the possession or under the control of the court or |
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| 18 | 18 | | other person be expunged if the court finds that: |
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| 19 | 19 | | (1) the suit is or was without sufficient basis in fact |
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| 20 | 20 | | or law, including a lack of jurisdiction over the case; |
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| 21 | 21 | | (2) the expunction is in the interest of justice; and |
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| 22 | 22 | | (3) the interest of justice is not outweighed by the |
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| 23 | 23 | | public's interest in the records. |
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| 24 | 24 | | (b) If the motion for expunction is made at trial, the |
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| 25 | 25 | | justice court may, concurrently with a decision in the suit, order |
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| 26 | 26 | | records expunged under this section. An order issued under this |
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| 27 | 27 | | subsection takes effect on the expiration of the time for filing an |
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| 28 | 28 | | appeal of the decision. On appeal of the suit to county court, an |
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| 29 | 29 | | order issued under this subsection is void. |
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| 30 | 30 | | (c) A person may not publish and shall destroy a record that |
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| 31 | 31 | | is in the person's possession or under the person's control if the |
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| 32 | 32 | | person knows that an order of expunction of the record has been |
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| 33 | 33 | | issued under this section. |
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| 34 | 34 | | (d) A person who knowingly violates Subsection (c) is liable |
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| 35 | 35 | | to an injured party for: |
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| 36 | 36 | | (1) actual damages; |
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| 37 | 37 | | (2) exemplary damages of $1,000; and |
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| 38 | 38 | | (3) reasonable attorney's fees and court costs. |
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| 39 | 39 | | (e) Notwithstanding Section 41.004(a), Civil Practice and |
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| 40 | 40 | | Remedies Code, a court shall award exemplary damages under |
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| 41 | 41 | | Subsection (d)(2) to the injured party irrespective of whether the |
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| 42 | 42 | | party is awarded actual damages. |
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| 43 | 43 | | (f) The supreme court shall adopt rules necessary to |
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| 44 | 44 | | implement this section. |
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| 45 | 45 | | SECTION 2. Not later than January 1, 2020, the Texas Supreme |
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| 46 | 46 | | Court shall adopt the rules necessary to implement Section 24.012, |
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| 47 | 47 | | Property Code, as added by this Act. |
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| 48 | 48 | | SECTION 3. Section 24.012, Property Code, as added by this |
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| 49 | 49 | | Act, applies to a motion made on or after January 1, 2020, with |
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| 50 | 50 | | respect to a residential eviction suit that commences before, on, |
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| 51 | 51 | | or after January 1, 2020. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2019. |
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