| 1 | 1 | | 88R9471 DRS-D |
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| 2 | 2 | | By: Reynolds H.B. No. 3664 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to removal of certain eviction case information from |
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| 8 | 8 | | credit reports. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 24, Property Code, is amended by adding |
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| 11 | 11 | | Section 24.012 to read as follows: |
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| 12 | 12 | | Sec. 24.012. REMOVAL OF CERTAIN EVICTION CASE INFORMATION |
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| 13 | 13 | | FROM CREDIT REPORT. (a) In this section: |
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| 14 | 14 | | (1) "Consumer reporting agency" has the meaning |
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| 15 | 15 | | assigned by Section 20.01, Business & Commerce Code. |
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| 16 | 16 | | (2) "Eviction case" means a lawsuit brought under this |
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| 17 | 17 | | chapter to recover possession of leased or rented residential real |
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| 18 | 18 | | property from a tenant. |
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| 19 | 19 | | (3) "Eviction case information" means all records and |
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| 20 | 20 | | files related to a filing of an eviction case, including petitions |
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| 21 | 21 | | and dispositions. |
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| 22 | 22 | | (b) This section applies only to a residential tenant who: |
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| 23 | 23 | | (1) was the defendant in an eviction case in which a |
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| 24 | 24 | | judgment was entered for the plaintiff; |
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| 25 | 25 | | (2) after entry of the judgment in the eviction case: |
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| 26 | 26 | | (A) paid all money owed to the plaintiff; and |
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| 27 | 27 | | (B) executed a new lease agreement with the |
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| 28 | 28 | | landlord who was the plaintiff in the eviction case; and |
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| 29 | 29 | | (3) is not in default under the lease agreement |
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| 30 | 30 | | described in Subdivision (2). |
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| 31 | 31 | | (c) A residential tenant may submit to a consumer reporting |
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| 32 | 32 | | agency a written request to have the eviction case information |
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| 33 | 33 | | pertaining to an eviction case described by Subsection (b) removed |
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| 34 | 34 | | from the tenant's credit report. |
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| 35 | 35 | | (d) Unless required by federal law, a consumer reporting |
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| 36 | 36 | | agency that receives a written request under Subsection (c): |
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| 37 | 37 | | (1) may not use the eviction case information that is |
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| 38 | 38 | | the subject of the written request in a credit report; and |
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| 39 | 39 | | (2) not later than the 90th day after the date the |
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| 40 | 40 | | consumer reporting agency receives the request, shall remove the |
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| 41 | 41 | | eviction case information that is the subject of the request from |
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| 42 | 42 | | any credit report created or maintained by the consumer reporting |
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| 43 | 43 | | agency. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2023. |
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