By: Farrar H.B. No. 3569
A BILL TO BE ENTITLED
AN ACT
relating to the dissemination of eviction case information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 24, Property Code, is amended by adding
Section 24.012 to read as follows:
Sec. 24.012. LIMITED DISSEMINATION OF EVICTION CASE
INFORMATION. (a) In this section:
(1) "Eviction case" means a lawsuit brought under this
chapter to recover possession of leased or rented real property
from a tenant.
(2) "Eviction case information" means all records and
files related to a filing of an eviction case, including petitions
and their dispositions.
(b) Concurrently with a judgment or dismissal in an eviction
case or on petition of a defendant in an eviction case where a final
order exists, a court shall enter an order of limited dissemination
of the eviction case information pertaining to the defendant if:
(1) a judgment is or was entered in favor of the
defendant;
(2) the eviction case is or was dismissed without any
relief granted to the plaintiff;
(3) the defendant is or was a residential tenant not
otherwise in default and the eviction case was brought by the
landlord's successor in interest following foreclosure; or
(4) at least five years have elapsed from the date of
the final judgment in the eviction case.
(c) Concurrently with a judgment or dismissal in an eviction
case or on petition of a defendant in an eviction case, a court may
order the limited dissemination of eviction case information
pertaining to the defendant if the court finds that:
(1) the limited dissemination of the eviction case
information is in the interest of justice; and
(2) the interest of justice is not outweighed by the
public's interest in knowing the eviction case information.
(d) If an order is entered granting limited dissemination of
eviction case information of a defendant under this section:
(1) all courts or clerks shall delete or redact all
index references to the name of the defendant that relate to the
eviction case information from the public records; and
(2) except to the extent permitted by federal law, a
credit reporting agency, a person who regularly collects and
disseminates eviction case information, or a person who sells
eviction case information may not:
(A) disclose the existence of the eviction case;
or
(B) use the eviction case information as a factor
in determining a score or recommendation in a tenant screening
report regarding the defendant.
(e) A person who knowingly violates Subsection (d) is liable
to an injured party for:
(1) actual damages;
(2) exemplary damages of $1,000; and
(3) reasonable attorney's fees and court costs.
(f) Notwithstanding Section 41.004(a), Civil Practice and
Remedies Code, a court shall award exemplary damages under
Subsection (e) (2) to the injured party irrespective of whether the
party is awarded actual damages.
(g) The supreme court shall adopt rules necessary to
implement this section.
SECTION 2. Not later than January 1, 2020, the Texas Supreme
Court shall adopt the rules necessary to implement Section 24.012,
Property Code, as added by this Act.
SECTION 3. This Act takes effect January 1, 2020.