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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. |
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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. CONFIDENTIAL RECORDS RELATED TO 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, including a tenant at will or a tenant at sufferance. |
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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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(3) "Landlord" means the owner of a dwelling or the |
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management company, on-premises manager, or rent collector for a |
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dwelling. |
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(b) Concurrently with a judgment or order of dismissal in an |
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eviction case, a court shall enter an order making confidential the |
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eviction case information pertaining to a defendant if: |
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(1) a judgment is entered in favor of the defendant; |
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(2) the case is dismissed without any relief granted |
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to the plaintiff; or |
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(3) the defendant is a residential tenant not |
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otherwise in default and the eviction case is brought by the |
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successor in interest following foreclosure. |
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(c) On petition of a defendant in an eviction case after a |
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judgment or order of dismissal has been entered, a court shall enter |
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an order making confidential the eviction case information |
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pertaining to a defendant if: |
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(1) 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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(2) the defendant was a residential tenant not |
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otherwise in default and the eviction case was brought by the |
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successor in interest following foreclosure; or |
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(3) a confidentiality order was not issued and: |
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(A) a judgment was entered in favor of the |
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defendant; or |
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(B) the case was dismissed. |
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(d) Concurrently with a judgment or order of 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 judgment or dismissal in the case, a court may enter an |
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order making confidential the eviction case information pertaining |
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to the defendant 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 eviction case information |
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confidential under this section: |
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(1) a court or clerk may not intentionally disclose |
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the eviction case information, except: |
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(A) to any judge or court staff; |
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(B) to the parties to the suit or the parties' |
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counsel; or |
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(C) in a form that omits any personal identifying |
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information of the parties, to any other person, agency, or |
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institution approved by the court with a legitimate interest in the |
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work of the court; and |
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(2) except to the extent permitted by federal law, a |
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credit reporting agency, a person, other than a landlord, who |
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regularly collects and disseminates eviction case information, or a |
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person who sells 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) is liable |
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to an injured party for: |
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(1) actual damages, or if unable to prove actual |
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damages, a penalty of no more than $1,000; and |
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(2) reasonable attorney's fees, not to exceed $10,000, |
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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) This section does not prohibit a party to an eviction |
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case from abstracting the judgment in the case. |
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(i) 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 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, 2022. |