| 1 | 1 | | By: Farrar H.B. No. 3569 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the dissemination of eviction case information. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 24, Property Code, is amended by adding |
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| 9 | 9 | | Section 24.012 to read as follows: |
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| 10 | 10 | | Sec. 24.012. LIMITED DISSEMINATION OF EVICTION CASE |
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| 11 | 11 | | INFORMATION. (a) In this section: |
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| 12 | 12 | | (1) "Eviction case" means a lawsuit brought under this |
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| 13 | 13 | | chapter to recover possession of leased or rented real property |
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| 14 | 14 | | from a tenant. |
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| 15 | 15 | | (2) "Eviction case information" means all records and |
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| 16 | 16 | | files related to a filing of an eviction case, including petitions |
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| 17 | 17 | | and their dispositions. |
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| 18 | 18 | | (b) Concurrently with a judgment or dismissal in an eviction |
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| 19 | 19 | | case or on petition of a defendant in an eviction case where a final |
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| 20 | 20 | | order exists, a court shall enter an order of limited dissemination |
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| 21 | 21 | | of the eviction case information pertaining to the defendant if: |
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| 22 | 22 | | (1) a judgment is or was entered in favor of the |
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| 23 | 23 | | defendant; |
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| 24 | 24 | | (2) the eviction case is or was dismissed without any |
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| 25 | 25 | | relief granted to the plaintiff; |
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| 26 | 26 | | (3) the defendant is or was a residential tenant not |
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| 27 | 27 | | otherwise in default and the eviction case was brought by the |
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| 28 | 28 | | landlord's successor in interest following foreclosure; or |
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| 29 | 29 | | (4) at least five years have elapsed from the date of |
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| 30 | 30 | | the final judgment in the eviction case. |
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| 31 | 31 | | (c) Concurrently with a judgment or dismissal in an eviction |
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| 32 | 32 | | case or on petition of a defendant in an eviction case, a court may |
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| 33 | 33 | | order the limited dissemination of eviction case information |
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| 34 | 34 | | pertaining to the defendant if the court finds that: |
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| 35 | 35 | | (1) the limited dissemination of the eviction case |
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| 36 | 36 | | information is in the interest of justice; and |
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| 37 | 37 | | (2) the interest of justice is not outweighed by the |
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| 38 | 38 | | public's interest in knowing the eviction case information. |
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| 39 | 39 | | (d) If an order is entered granting limited dissemination of |
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| 40 | 40 | | eviction case information of a defendant under this section: |
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| 41 | 41 | | (1) all courts or clerks shall delete or redact all |
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| 42 | 42 | | index references to the name of the defendant that relate to the |
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| 43 | 43 | | eviction case information from the public records; and |
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| 44 | 44 | | (2) except to the extent permitted by federal law, a |
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| 45 | 45 | | credit reporting agency, a person who regularly collects and |
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| 46 | 46 | | disseminates eviction case information, or a person who sells |
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| 47 | 47 | | eviction case information may not: |
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| 48 | 48 | | (A) disclose the existence of the eviction case; |
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| 49 | 49 | | or |
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| 50 | 50 | | (B) use the eviction case information as a factor |
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| 51 | 51 | | in determining a score or recommendation in a tenant screening |
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| 52 | 52 | | report regarding the defendant. |
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| 53 | 53 | | (e) A person who knowingly violates Subsection (d) is liable |
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| 54 | 54 | | to an injured party for: |
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| 55 | 55 | | (1) actual damages; |
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| 56 | 56 | | (2) exemplary damages of $1,000; and |
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| 57 | 57 | | (3) reasonable attorney's fees and court costs. |
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| 58 | 58 | | (f) Notwithstanding Section 41.004(a), Civil Practice and |
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| 59 | 59 | | Remedies Code, a court shall award exemplary damages under |
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| 60 | 60 | | Subsection (e) (2) to the injured party irrespective of whether the |
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| 61 | 61 | | party is awarded actual damages. |
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| 62 | 62 | | (g) The supreme court shall adopt rules necessary to |
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| 63 | 63 | | implement this section. |
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| 64 | 64 | | SECTION 2. Not later than January 1, 2020, the Texas Supreme |
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| 65 | 65 | | Court shall adopt the rules necessary to implement Section 24.012, |
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| 66 | 66 | | Property Code, as added by this Act. |
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| 67 | 67 | | SECTION 3. This Act takes effect January 1, 2020. |
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