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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of records in residential eviction |
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suits. |
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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. EXPUNCTION OF RECORDS IN RESIDENTIAL EVICTION |
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SUITS. (a) A court has jurisdiction to order the expunction of |
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records related to a residential eviction suit if the suit was filed |
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originally or on appeal with the court. The court may, on oral or |
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written motion of the tenant in the suit, order all records related |
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to the suit in the possession or under the control of the court or |
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other person be expunged if the court finds that: |
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(1) the suit is or was without sufficient basis in fact |
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or law, including a lack of jurisdiction over the case; |
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(2) the expunction is in the interest of justice; and |
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(3) the interest of justice is not outweighed by the |
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public's interest in the records. |
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(b) If the motion for expunction is made at trial, the |
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justice court may, concurrently with a decision in the suit, order |
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records expunged under this section. An order issued under this |
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subsection takes effect on the expiration of the time for filing an |
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appeal of the decision. On appeal of the suit to county court, an |
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order issued under this subsection is void. |
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(c) A person may not publish and shall destroy a record that |
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is in the person's possession or under the person's control if the |
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person knows that an order of expunction of the record has been |
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issued under this section. |
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(d) A person who knowingly violates Subsection (c) is liable |
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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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(e) 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 (d)(2) to the injured party irrespective of whether the |
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party is awarded actual damages. |
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(f) 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, 2020, the Texas Supreme |
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Court shall adopt the rules necessary to implement Section 24.012, |
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Property Code, as added by this Act. |
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SECTION 3. Section 24.012, Property Code, as added by this |
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Act, applies to a motion made on or after January 1, 2020, with |
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respect to a residential eviction suit that commences before, on, |
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or after January 1, 2020. |
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SECTION 4. This Act takes effect September 1, 2019. |