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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissemination of eviction case information. |
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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. LIMITED DISSEMINATION OF EVICTION CASE |
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INFORMATION. (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 real property |
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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 their dispositions. |
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(b) Concurrently with a judgment or dismissal in an eviction |
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case or on petition of a defendant in an eviction case where a final |
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order exists, a court shall enter an order of limited dissemination |
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of the eviction case information pertaining to the defendant if: |
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(1) a 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 residential tenant not |
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otherwise in default and the eviction case was brought by the |
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landlord's successor in interest following foreclosure; or |
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(4) at least five years have elapsed from the date of |
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the final judgment in the eviction case. |
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(c) Concurrently with a judgment or dismissal in an eviction |
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case or on petition of a defendant in an eviction case, a court may |
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order the limited dissemination of eviction case information |
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pertaining to the defendant if the court finds that: |
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(1) the limited dissemination of the eviction case |
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information 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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(d) If an order is entered granting limited dissemination of |
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eviction case information of a defendant under this section: |
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(1) all courts or clerks shall delete or redact all |
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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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(e) A person who knowingly violates Subsection (d) 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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(f) 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 (e) (2) to the injured party irrespective of whether the |
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party is awarded actual damages. |
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(g) 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. This Act takes effect January 1, 2020. |