| 1 | 1 | | By: Wu H.B. No. 3903 |
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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 confidentiality 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. CONFIDENTIAL RECORDS RELATED TO 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, including a tenant at will or a tenant at sufferance. |
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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 | | (3) "Landlord" means the owner of a dwelling or the |
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| 19 | 19 | | management company, on-premises manager, or rent collector for a |
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| 20 | 20 | | dwelling. |
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| 21 | 21 | | (b) Concurrently with a judgment or order of dismissal in an |
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| 22 | 22 | | eviction case, a court shall enter an order making confidential the |
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| 23 | 23 | | eviction case information pertaining to a defendant if: |
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| 24 | 24 | | (1) a judgment is entered in favor of the defendant; |
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| 25 | 25 | | (2) the case is dismissed without any relief granted |
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| 26 | 26 | | to the plaintiff; or |
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| 27 | 27 | | (3) the defendant is a residential tenant not |
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| 28 | 28 | | otherwise in default and the eviction case is brought by the |
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| 29 | 29 | | successor in interest following foreclosure. |
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| 30 | 30 | | (c) On petition of a defendant in an eviction case after a |
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| 31 | 31 | | judgment or order of dismissal has been entered, a court shall enter |
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| 32 | 32 | | an order making confidential the eviction case information |
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| 33 | 33 | | pertaining to a defendant if: |
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| 34 | 34 | | (1) at least five years have elapsed from the date of |
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| 35 | 35 | | the final judgment in the eviction case; |
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| 36 | 36 | | (2) the defendant was a residential tenant not |
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| 37 | 37 | | otherwise in default and the eviction case was brought by the |
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| 38 | 38 | | successor in interest following foreclosure; or |
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| 39 | 39 | | (3) a confidentiality order was not issued and: |
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| 40 | 40 | | (A) a judgment was entered in favor of the |
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| 41 | 41 | | defendant; or |
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| 42 | 42 | | (B) the case was dismissed. |
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| 43 | 43 | | (d) Concurrently with a judgment or order of dismissal in an |
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| 44 | 44 | | eviction case or on petition of a defendant in an eviction case |
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| 45 | 45 | | after a judgment or dismissal in the case, a court may enter an |
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| 46 | 46 | | order making confidential the eviction case information pertaining |
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| 47 | 47 | | to the defendant if the court finds that: |
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| 48 | 48 | | (1) it is in the interest of justice; and |
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| 49 | 49 | | (2) the interest of justice is not outweighed by the |
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| 50 | 50 | | public's interest in knowing the eviction case information. |
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| 51 | 51 | | (e) If an order is entered making eviction case information |
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| 52 | 52 | | confidential under this section: |
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| 53 | 53 | | (1) a court or clerk may not intentionally disclose |
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| 54 | 54 | | the eviction case information, except: |
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| 55 | 55 | | (A) to any judge or court staff; |
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| 56 | 56 | | (B) to the parties to the suit or the parties' |
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| 57 | 57 | | counsel; or |
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| 58 | 58 | | (C) in a form that omits any personal identifying |
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| 59 | 59 | | information of the parties, to any other person, agency, or |
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| 60 | 60 | | institution approved by the court with a legitimate interest in the |
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| 61 | 61 | | work of the court; and |
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| 62 | 62 | | (2) except to the extent permitted by federal law, a |
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| 63 | 63 | | credit reporting agency, a person, other than a landlord, who |
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| 64 | 64 | | regularly collects and disseminates eviction case information, or a |
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| 65 | 65 | | person who sells eviction case information may not: |
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| 66 | 66 | | (A) disclose the existence of the eviction case; |
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| 67 | 67 | | or |
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| 68 | 68 | | (B) use the eviction case information as a factor |
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| 69 | 69 | | in determining a score or recommendation in a tenant screening |
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| 70 | 70 | | report regarding the defendant. |
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| 71 | 71 | | (f) A person who knowingly violates Subsection (e) is liable |
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| 72 | 72 | | to an injured party for: |
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| 73 | 73 | | (1) actual damages, or if unable to prove actual |
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| 74 | 74 | | damages, a penalty of no more than $1,000; and |
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| 75 | 75 | | (2) reasonable attorney's fees, not to exceed $10,000, |
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| 76 | 76 | | and court costs. |
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| 77 | 77 | | (g) Notwithstanding Section 41.004(a), Civil Practice and |
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| 78 | 78 | | Remedies Code, a court shall award exemplary damages under |
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| 79 | 79 | | Subsection (f)(2) to the injured party irrespective of whether the |
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| 80 | 80 | | party is awarded actual damages. |
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| 81 | 81 | | (h) This section does not prohibit a party to an eviction |
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| 82 | 82 | | case from abstracting the judgment in the case. |
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| 83 | 83 | | (i) The supreme court shall adopt rules necessary to |
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| 84 | 84 | | implement this section. |
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| 85 | 85 | | SECTION 2. Not later than January 1, 2022, the Texas Supreme |
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| 86 | 86 | | Court shall adopt the rules necessary to implement Section 24.012, |
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| 87 | 87 | | Property Code, as added by this Act. |
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| 88 | 88 | | SECTION 3. This Act takes effect January 1, 2022. |
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