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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) "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 real property |
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from a tenant, including a tenant at will or a tenant at sufferance. |
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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 their dispositions. |
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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 a confidentiality order was not issued |
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and: |
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(1) a judgment was entered in favor of the defendant; |
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or |
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(2) the case was dismissed without any relief granted |
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to the plaintiff. |
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(d) On perfection of appeal by any party in an eviction |
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case, a court shall enter an order making confidential the eviction |
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case information of the trial court during the pendency of the |
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appeal. |
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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 disclose the eviction case |
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information, except: |
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(A) to any judge or court staff of the trial court |
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presiding over the eviction case; |
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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 and |
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noncommercial interest in the work of the court; and |
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(2) except to the extent permitted by federal law, a |
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consumer 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)(2) is |
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liable to an injured party for: |
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(1) actual damages; and |
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(2) reasonable attorney's fees and court costs. |
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(g) 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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SECTION 2. This Act takes effect September 1, 2023. |