87R16484 DRS-D
 
  By: Walle, Crockett H.B. No. 1647
 
  Substitute the following for H.B. No. 1647:
 
  By:  Ordaz Perez C.S.H.B. No. 1647
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the confidentiality of eviction case information for
  evictions related to the COVID-19 pandemic.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 24, Property Code, is amended by adding
  Sections 24.012 and 24.013 to read as follows:
         Sec. 24.012.  ACCESS TO EVICTION CASE INFORMATION FOR
  EVICTIONS RELATED TO COVID-19 PANDEMIC. (a) In this section:
               (1)  "Eviction case" means a lawsuit brought under this
  chapter to recover possession of leased or rented residential real
  property from a tenant.
               (2)  "Eviction case information" means all records and
  files related to a filing of an eviction case, including petitions
  and dispositions.
         (b)  This section applies only to an eviction case:
               (1)  brought under this chapter for nonpayment of rent:
                     (A)  during a state of disaster declared by the
  governor under Section 418.014, Government Code, related to the
  coronavirus disease (COVID-19) pandemic;
                     (B)  before the 180th day after the date of
  termination of that state of disaster; or
                     (C)  against a defendant who files with the court
  a statement that the defendant's nonpayment of rent was due to
  financial hardship caused by the pandemic; and
               (2)  in which an order making the eviction case
  information confidential has not been entered under Section 24.013.
         (c)  The court clerk shall allow access to eviction case
  information only:
               (1)  to a party to the action, including a party's
  attorney; or
               (2)  to any person if a final, nonappealable judgment
  in the case was entered for the plaintiff.
         (d)  Except to the extent permitted by federal law, a credit
  reporting agency, a person who regularly collects and disseminates
  eviction case information, or a person who sells eviction case
  information may only use eviction case information if access is
  permitted under Subsection (c)(2).
         (e)  This section may not be construed to prohibit the court
  from issuing an order that bars access to eviction case information
  if the parties to the case so stipulate.
         (f)  This section does not apply to an eviction case based on
  actions of the tenant that create an imminent threat to the health
  or safety of the landlord, a member of the landlord's or tenant's
  household, other tenants, or neighbors.
         Sec. 24.013.  CONFIDENTIAL EVICTION CASE INFORMATION FOR
  EVICTIONS RELATED TO COVID-19 PANDEMIC. (a) In this section,
  "eviction case" and "eviction case information" have the meanings
  assigned by Section 24.012.
         (b)  This section applies only to an eviction case to which
  Section 24.012 applies.
         (c)  Concurrently with a final judgment or dismissal in an
  eviction case or on petition of a defendant in an eviction case
  after a final judgment or dismissal in the case, a court shall enter
  an order making the eviction case information pertaining to the
  defendant confidential if:
               (1)  the judgment is or was entered in favor of the
  defendant;
               (2)  the eviction case is or was dismissed without any
  relief granted to the plaintiff;
               (3)  the defendant is or was a tenant not otherwise in
  default and the eviction case was brought by the landlord's
  successor in interest following foreclosure; or
               (4)  at least three years have elapsed from the date of
  the final judgment in the eviction case.
         (d)  Concurrently with a final judgment or dismissal in an
  eviction case or on petition of a defendant in an eviction case
  after a final judgment or dismissal in the case, a court may enter
  an order making the eviction case information pertaining to the
  defendant confidential if the court finds that:
               (1)  it is in the interest of justice; and
               (2)  the interest of justice is not outweighed by the
  public's interest in knowing the eviction case information.
         (e)  If an order is entered making the eviction case
  information pertaining to a defendant confidential under this
  section:
               (1)  all courts or court clerks shall delete or redact
  all index references to the name of the defendant that relate to the
  eviction case information from the public records; and
               (2)  except to the extent permitted by federal law, a
  credit reporting agency, a person who regularly collects and
  disseminates eviction case information, or a person who sells
  eviction case information may not:
                     (A)  disclose the existence of the eviction case;
  or
                     (B)  use the eviction case information as a factor
  in determining a score or recommendation in a tenant screening
  report regarding the defendant.
         (f)  A person who knowingly violates Subsection (e)(2) is
  liable to an injured party for:
               (1)  actual damages;
               (2)  exemplary damages of $1,000; and
               (3)  reasonable attorney's fees and court costs.
         (g)  Notwithstanding Section 41.004(a), Civil Practice and
  Remedies Code, a court shall award exemplary damages under
  Subsection (f)(2) to the injured party irrespective of whether the
  party is awarded actual damages.
         (h)  The supreme court shall adopt rules necessary to
  implement this section.
         SECTION 2.  Not later than January 1, 2022, the Texas Supreme
  Court shall adopt the rules necessary to implement Sections 24.012
  and 24.013, Property Code, as added by this Act.
         SECTION 3.  This Act takes effect January 1, 2022.