88R9471 DRS-D
By: Reynolds H.B. No. 3664
A BILL TO BE ENTITLED
AN ACT
relating to removal of certain eviction case information from
credit reports.
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. REMOVAL OF CERTAIN EVICTION CASE INFORMATION
FROM CREDIT REPORT. (a) In this section:
(1) "Consumer reporting agency" has the meaning
assigned by Section 20.01, Business & Commerce Code.
(2) "Eviction case" means a lawsuit brought under this
chapter to recover possession of leased or rented residential real
property from a tenant.
(3) "Eviction case information" means all records and
files related to a filing of an eviction case, including petitions
and dispositions.
(b) This section applies only to a residential tenant who:
(1) was the defendant in an eviction case in which a
judgment was entered for the plaintiff;
(2) after entry of the judgment in the eviction case:
(A) paid all money owed to the plaintiff; and
(B) executed a new lease agreement with the
landlord who was the plaintiff in the eviction case; and
(3) is not in default under the lease agreement
described in Subdivision (2).
(c) A residential tenant may submit to a consumer reporting
agency a written request to have the eviction case information
pertaining to an eviction case described by Subsection (b) removed
from the tenant's credit report.
(d) Unless required by federal law, a consumer reporting
agency that receives a written request under Subsection (c):
(1) may not use the eviction case information that is
the subject of the written request in a credit report; and
(2) not later than the 90th day after the date the
consumer reporting agency receives the request, shall remove the
eviction case information that is the subject of the request from
any credit report created or maintained by the consumer reporting
agency.
SECTION 2. This Act takes effect September 1, 2023.