Texas 2021 87th Regular

Texas House Bill HB3903 Fiscal Note / Fiscal Note

Filed 04/09/2021

                    LEGISLATIVE BUDGET BOARD     Austin, Texas       FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION             April 9, 2021       TO: Honorable Chris Turner, Chair, House Committee on Business & Industry     FROM: Jerry McGinty, Director, Legislative Budget Board      IN RE: HB3903 by Wu (Relating to the confidentiality of eviction case information.), As Introduced     No significant fiscal implication to the State is anticipated. The bill would amend the Property Code to direct a court to enter an order making eviction case information pertaining to a defendant confidential under certain circumstances. The bill would also permit the court to enter a confidentiality order if the court finds it is in the interest of justice and the interest of justice is not outweighed by the public's interest in knowing the eviction case information.   If the court enters a confidentiality order, the bill would prevent courts and clerks from intentionally disclosing the eviction case information except in certain circumstances.  The bill would make a person liable for a violation of the disclosure restrictions to an injured party for damages and reasonable attorney's fees. The bill would direct a court to award certain exemplary damages to the injured party irrespective of whether actual damages are awarded. The bill would requires the Texas Supreme Court to adopt rules necessary to implement the new section by January 1, 2022. Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.  Local Government ImpactNo significant fiscal implication to units of local government is anticipated.  Source Agencies: b > td > 212 Office of Court Admin  LBB Staff: b > td > JMc, SZ, BH

LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 9, 2021

 

 

  TO: Honorable Chris Turner, Chair, House Committee on Business & Industry     FROM: Jerry McGinty, Director, Legislative Budget Board      IN RE: HB3903 by Wu (Relating to the confidentiality of eviction case information.), As Introduced   

TO: Honorable Chris Turner, Chair, House Committee on Business & Industry
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3903 by Wu (Relating to the confidentiality of eviction case information.), As Introduced

 Honorable Chris Turner, Chair, House Committee on Business & Industry

 Honorable Chris Turner, Chair, House Committee on Business & Industry

 Jerry McGinty, Director, Legislative Budget Board 

 Jerry McGinty, Director, Legislative Budget Board 

 HB3903 by Wu (Relating to the confidentiality of eviction case information.), As Introduced 

 HB3903 by Wu (Relating to the confidentiality of eviction case information.), As Introduced 



No significant fiscal implication to the State is anticipated.

No significant fiscal implication to the State is anticipated.

The bill would amend the Property Code to direct a court to enter an order making eviction case information pertaining to a defendant confidential under certain circumstances. The bill would also permit the court to enter a confidentiality order if the court finds it is in the interest of justice and the interest of justice is not outweighed by the public's interest in knowing the eviction case information.   If the court enters a confidentiality order, the bill would prevent courts and clerks from intentionally disclosing the eviction case information except in certain circumstances.  The bill would make a person liable for a violation of the disclosure restrictions to an injured party for damages and reasonable attorney's fees. The bill would direct a court to award certain exemplary damages to the injured party irrespective of whether actual damages are awarded. The bill would requires the Texas Supreme Court to adopt rules necessary to implement the new section by January 1, 2022. Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.

The bill would amend the Property Code to direct a court to enter an order making eviction case information pertaining to a defendant confidential under certain circumstances. The bill would also permit the court to enter a confidentiality order if the court finds it is in the interest of justice and the interest of justice is not outweighed by the public's interest in knowing the eviction case information.  

If the court enters a confidentiality order, the bill would prevent courts and clerks from intentionally disclosing the eviction case information except in certain circumstances. 

The bill would make a person liable for a violation of the disclosure restrictions to an injured party for damages and reasonable attorney's fees. The bill would direct a court to award certain exemplary damages to the injured party irrespective of whether actual damages are awarded.

The bill would requires the Texas Supreme Court to adopt rules necessary to implement the new section by January 1, 2022.

Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.

 Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies: b > td > 212 Office of Court Admin

212 Office of Court Admin

LBB Staff: b > td > JMc, SZ, BH

JMc, SZ, BH