Texas 2025 - 89th Regular

Texas House Bill HB2909 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11046 JBD-D
2	2	By: Simmons H.B. No. 2909
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the expunction of records in residential eviction
10	10	suits.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 24, Property Code, is amended by adding
13	13	Section 24.012 to read as follows:
14	14	Sec. 24.012. EXPUNCTION OF RECORDS IN RESIDENTIAL EVICTION
15	15	SUITS. (a) A court has jurisdiction to order the expunction of
16	16	records related to a residential eviction suit if the suit was filed
17	17	originally or on appeal with the court. The court may, on oral or
18	18	written motion of the tenant in the suit, order all records related
19	19	to the suit in the possession or under the control of the court or
20	20	other person be expunged if the court finds that:
21	21	(1) the suit is or was without sufficient basis in fact
22	22	or law, including a lack of jurisdiction over the case, and:
23	23	(A) the expunction is in the interest of justice;
24	24	and
25	25	(B) the interest of justice is not outweighed by
26	26	the public's interest in the records; or
27	27	(2) following a final judgment of a county court in an
28	28	eviction suit, the tenant has maintained gainful employment for a
29	29	period of at least two years before the date on which the motion to
30	30	expunge is made.
31	31	(b) If the motion for expunction under Subsection (a)(1) is
32	32	made at trial, the justice court may, concurrently with a decision
33	33	in the suit, order records expunged under this section. An order
34	34	issued under this subsection takes effect on the expiration of the
35	35	time for filing an appeal of the decision. On appeal of the suit to
36	36	county court, an order issued under this subsection is void.
37	37	(c) A person may not publish and shall destroy a record that
38	38	is in the person's possession or under the person's control if the
39	39	person knows that an order of expunction of the record has been
40	40	issued under this section.
41	41	(d) A person who knowingly violates Subsection (c) is liable
42	42	to an injured party for:
43	43	(1) actual damages;
44	44	(2) exemplary damages of $1,000; and
45	45	(3) reasonable attorney's fees and court costs.
46	46	(e) Notwithstanding Section 41.004(a), Civil Practice and
47	47	Remedies Code, a court shall award exemplary damages under
48	48	Subsection (d)(2) to the injured party irrespective of whether the
49	49	party is awarded actual damages.
50	50	(f) The supreme court shall adopt rules necessary to
51	51	implement this section.
52	52	SECTION 2. Subchapter I, Chapter 92, Property Code, is
53	53	amended by adding Section 92.356 to read as follows:
54	54	Sec. 92.356. CONSIDERATION OF EXPUNGED RECORDS. Any
55	55	records that remain in a landlord's possession or control after
56	56	having been ordered to be expunged under Section 24.012 may not be
57	57	taken into account by the landlord in accepting or rejecting a
58	58	rental application. A landlord who knowingly violates this section
59	59	is liable to an injured party for:
60	60	(1) actual damages;
61	61	(2) exemplary damages of $1,000; and
62	62	(3) reasonable attorney's fees and court costs.
63	63	SECTION 3. Not later than January 1, 2026, the Texas Supreme
64	64	Court shall adopt the rules necessary to implement Section 24.012,
65	65	Property Code, as added by this Act.
66	66	SECTION 4. Section 24.012, Property Code, as added by this
67	67	Act, applies to a motion made on or after January 1, 2026, with
68	68	respect to a residential eviction suit that commences before, on,
69	69	or after January 1, 2026.
70	70	SECTION 5. This Act takes effect September 1, 2025.