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A BILL TO BE ENTITLED
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AN ACT
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relating to removal of certain eviction case information from |
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credit reports. |
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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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Section 24.012 to read as follows: |
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Sec. 24.012. REMOVAL OF CERTAIN EVICTION CASE INFORMATION |
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FROM CREDIT REPORT. (a) In this section: |
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(1) "Consumer reporting agency" has the meaning |
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assigned by Section 20.01, Business & Commerce Code. |
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(2) "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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(3) "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 a residential tenant who: |
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(1) was the defendant in an eviction case in which a |
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judgment was entered for the plaintiff; |
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(2) after entry of the judgment in the eviction case: |
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(A) paid all money owed to the plaintiff; and |
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(B) executed a new lease agreement with the |
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landlord who was the plaintiff in the eviction case; and |
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(3) is not in default under the lease agreement |
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described in Subdivision (2). |
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(c) A residential tenant may submit to a consumer reporting |
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agency a written request to have the eviction case information |
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pertaining to an eviction case described by Subsection (b) removed |
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from the tenant's credit report. |
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(d) Unless required by federal law, a consumer reporting |
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agency that receives a written request under Subsection (c): |
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(1) may not use the eviction case information that is |
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the subject of the written request in a credit report; and |
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(2) not later than the 90th day after the date the |
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consumer reporting agency receives the request, shall remove the |
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eviction case information that is the subject of the request from |
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any credit report created or maintained by the consumer reporting |
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agency. |
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SECTION 2. This Act takes effect September 1, 2023. |