Texas 2021 - 87th Regular

Texas House Bill HB1647 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R16484 DRS-D
1	2		By: Walle, Crockett H.B. No. 1647
	3	+	Substitute the following for H.B. No. 1647:
	4	+	By: Ordaz Perez C.S.H.B. No. 1647
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to the confidentiality of eviction case information for
7	10		evictions related to the COVID-19 pandemic.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Chapter 24, Property Code, is amended by adding
10	13		Sections 24.012 and 24.013 to read as follows:
11	14		Sec. 24.012. ACCESS TO EVICTION CASE INFORMATION FOR
12	15		EVICTIONS RELATED TO COVID-19 PANDEMIC. (a) In this section:
13	16		(1) "Eviction case" means a lawsuit brought under this
14	17		chapter to recover possession of leased or rented residential real
15	18		property from a tenant.
16	19		(2) "Eviction case information" means all records and
17	20		files related to a filing of an eviction case, including petitions
18	21		and dispositions.
19	22		(b) This section applies only to an eviction case:
20	23		(1) brought under this chapter for nonpayment of rent:
21	24		(A) during a state of disaster declared by the
22	25		governor under Section 418.014, Government Code, related to the
23	26		coronavirus disease (COVID-19) pandemic;
24	27		(B) before the 180th day after the date of
25	28		termination of that state of disaster; or
26	29		(C) against a defendant who files with the court
27	30		a statement that the defendant's nonpayment of rent was due to
28	31		financial hardship caused by the pandemic; and
29	32		(2) in which an order making the eviction case
30	33		information confidential has not been entered under Section 24.013.
31	34		(c) The court clerk shall allow access to eviction case
32	35		information only:
33	36		(1) to a party to the action, including a party's
34	37		attorney; or
35	38		(2) to any person if a final, nonappealable judgment
36	39		in the case was entered for the plaintiff.
37	40		(d) Except to the extent permitted by federal law, a credit
38	41		reporting agency, a person who regularly collects and disseminates
39	42		eviction case information, or a person who sells eviction case
40	43		information may only use eviction case information if access is
41	44		permitted under Subsection (c)(2).
42	45		(e) This section may not be construed to prohibit the court
43	46		from issuing an order that bars access to eviction case information
44	47		if the parties to the case so stipulate.
45		-	(f) This section does not apply to an eviction case:
46		-	(1) based on actions of the tenant that create an
47		-	imminent threat to the health or safety of the landlord, a member of
48		-	the landlord's or tenant's household, other tenants, or neighbors;
49		-	or
50		-	(2) that was dismissed because the tenant had vacated
51		-	the leased property after the filing of the complaint but before
52		-	trial.
	48	+	(f) This section does not apply to an eviction case based on
	49	+	actions of the tenant that create an imminent threat to the health
	50	+	or safety of the landlord, a member of the landlord's or tenant's
	51	+	household, other tenants, or neighbors.
53	52		Sec. 24.013. CONFIDENTIAL EVICTION CASE INFORMATION FOR
54	53		EVICTIONS RELATED TO COVID-19 PANDEMIC. (a) In this section,
55	54		"eviction case" and "eviction case information" have the meanings
56	55		assigned by Section 24.012.
57	56		(b) This section applies only to an eviction case to which
58	57		Section 24.012 applies.
59	58		(c) Concurrently with a final judgment or dismissal in an
60	59		eviction case or on petition of a defendant in an eviction case
61	60		after a final judgment or dismissal in the case, a court shall enter
62	61		an order making the eviction case information pertaining to the
63	62		defendant confidential if:
64	63		(1) the judgment is or was entered in favor of the
65	64		defendant;
66	65		(2) the eviction case is or was dismissed without any
67	66		relief granted to the plaintiff;
68	67		(3) the defendant is or was a tenant not otherwise in
69	68		default and the eviction case was brought by the landlord's
70	69		successor in interest following foreclosure; or
71	70		(4) at least three years have elapsed from the date of
72	71		the final judgment in the eviction case.
73	72		(d) Concurrently with a final judgment or dismissal in an
74	73		eviction case or on petition of a defendant in an eviction case
75	74		after a final judgment or dismissal in the case, a court may enter
76	75		an order making the eviction case information pertaining to the
77	76		defendant confidential if the court finds that:
78	77		(1) it is in the interest of justice; and
79	78		(2) the interest of justice is not outweighed by the
80	79		public's interest in knowing the eviction case information.
81	80		(e) If an order is entered making the eviction case
82	81		information pertaining to a defendant confidential under this
83	82		section:
84	83		(1) all courts or court clerks shall delete or redact
85	84		all index references to the name of the defendant that relate to the
86	85		eviction case information from the public records; and
87	86		(2) except to the extent permitted by federal law, a
88	87		credit reporting agency, a person who regularly collects and
89	88		disseminates eviction case information, or a person who sells
90	89		eviction case information may not:
91	90		(A) disclose the existence of the eviction case;
92	91		or
93	92		(B) use the eviction case information as a factor
94	93		in determining a score or recommendation in a tenant screening
95	94		report regarding the defendant.
96	95		(f) A person who knowingly violates Subsection (e)(2) is
97	96		liable to an injured party for:
98	97		(1) actual damages;
99	98		(2) exemplary damages of $1,000; and
100	99		(3) reasonable attorney's fees and court costs.
101	100		(g) Notwithstanding Section 41.004(a), Civil Practice and
102	101		Remedies Code, a court shall award exemplary damages under
103	102		Subsection (f)(2) to the injured party irrespective of whether the
104	103		party is awarded actual damages.
105	104		(h) The supreme court shall adopt rules necessary to
106	105		implement this section.
107	106		SECTION 2. Not later than January 1, 2022, the Texas Supreme
108	107		Court shall adopt the rules necessary to implement Sections 24.012
109	108		and 24.013, Property Code, as added by this Act.
110	109		SECTION 3. This Act takes effect January 1, 2022.