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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of eviction case information for |
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evictions related to the COVID-19 pandemic. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 24, Property Code, is amended by adding |
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Sections 24.012 and 24.013 to read as follows: |
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Sec. 24.012. ACCESS TO EVICTION CASE INFORMATION FOR |
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EVICTIONS RELATED TO COVID-19 PANDEMIC. (a) In this section: |
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(1) "Eviction case" means a lawsuit brought under this |
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chapter to recover possession of leased or rented residential real |
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property from a tenant. |
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(2) "Eviction case information" means all records and |
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files related to a filing of an eviction case, including petitions |
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and dispositions. |
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(b) This section applies only to an eviction case: |
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(1) brought under this chapter for nonpayment of rent: |
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(A) during a state of disaster declared by the |
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governor under Section 418.014, Government Code, related to the |
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coronavirus disease (COVID-19) pandemic; |
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(B) before the 180th day after the date of |
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termination of that state of disaster; or |
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(C) against a defendant who files with the court |
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a statement that the defendant's nonpayment of rent was due to |
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financial hardship caused by the pandemic; and |
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(2) in which an order making the eviction case |
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information confidential has not been entered under Section 24.013. |
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(c) The court clerk shall allow access to eviction case |
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information only: |
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(1) to a party to the action, including a party's |
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attorney; or |
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(2) to any person if a final, nonappealable judgment |
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in the case was entered for the plaintiff. |
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(d) Except to the extent permitted by federal law, a credit |
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reporting agency, a person who regularly collects and disseminates |
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eviction case information, or a person who sells eviction case |
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information may only use eviction case information if access is |
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permitted under Subsection (c)(2). |
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(e) This section may not be construed to prohibit the court |
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from issuing an order that bars access to eviction case information |
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if the parties to the case so stipulate. |
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(f) This section does not apply to an eviction case: |
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(1) based on actions of the tenant that create an |
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imminent threat to the health or safety of the landlord, a member of |
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the landlord's or tenant's household, other tenants, or neighbors; |
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or |
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(2) that was dismissed because the tenant had vacated |
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the leased property after the filing of the complaint but before |
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trial. |
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Sec. 24.013. CONFIDENTIAL EVICTION CASE INFORMATION FOR |
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EVICTIONS RELATED TO COVID-19 PANDEMIC. (a) In this section, |
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"eviction case" and "eviction case information" have the meanings |
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assigned by Section 24.012. |
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(b) This section applies only to an eviction case to which |
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Section 24.012 applies. |
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(c) Concurrently with a final judgment or dismissal in an |
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eviction case or on petition of a defendant in an eviction case |
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after a final judgment or dismissal in the case, a court shall enter |
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an order making the eviction case information pertaining to the |
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defendant confidential if: |
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(1) the judgment is or was entered in favor of the |
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defendant; |
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(2) the eviction case is or was dismissed without any |
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relief granted to the plaintiff; |
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(3) the defendant is or was a tenant not otherwise in |
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default and the eviction case was brought by the landlord's |
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successor in interest following foreclosure; or |
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(4) at least three years have elapsed from the date of |
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the final judgment in the eviction case. |
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(d) Concurrently with a final judgment or dismissal in an |
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eviction case or on petition of a defendant in an eviction case |
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after a final judgment or dismissal in the case, a court may enter |
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an order making the eviction case information pertaining to the |
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defendant confidential if the court finds that: |
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(1) it is in the interest of justice; and |
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(2) the interest of justice is not outweighed by the |
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public's interest in knowing the eviction case information. |
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(e) If an order is entered making the eviction case |
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information pertaining to a defendant confidential under this |
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section: |
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(1) all courts or court clerks shall delete or redact |
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all index references to the name of the defendant that relate to the |
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eviction case information from the public records; and |
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(2) except to the extent permitted by federal law, a |
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credit reporting agency, a person who regularly collects and |
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disseminates eviction case information, or a person who sells |
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eviction case information may not: |
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(A) disclose the existence of the eviction case; |
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or |
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(B) use the eviction case information as a factor |
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in determining a score or recommendation in a tenant screening |
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report regarding the defendant. |
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(f) A person who knowingly violates Subsection (e)(2) is |
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liable to an injured party for: |
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(1) actual damages; |
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(2) exemplary damages of $1,000; and |
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(3) reasonable attorney's fees and court costs. |
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(g) Notwithstanding Section 41.004(a), Civil Practice and |
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Remedies Code, a court shall award exemplary damages under |
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Subsection (f)(2) to the injured party irrespective of whether the |
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party is awarded actual damages. |
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(h) The supreme court shall adopt rules necessary to |
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implement this section. |
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SECTION 2. Not later than January 1, 2022, the Texas Supreme |
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Court shall adopt the rules necessary to implement Sections 24.012 |
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and 24.013, Property Code, as added by this Act. |
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SECTION 3. This Act takes effect January 1, 2022. |