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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, and: |
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(A) the expunction is in the interest of justice; |
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and |
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(B) the interest of justice is not outweighed by |
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the public's interest in the records; or |
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(2) following a final judgment of a county court in an |
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eviction suit, the tenant has maintained gainful employment for a |
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period of at least two years before the date on which the motion to |
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expunge is made. |
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(b) If the motion for expunction under Subsection (a)(1) is |
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made at trial, the justice court may, concurrently with a decision |
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in the suit, order records expunged under this section. An order |
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issued under this subsection takes effect on the expiration of the |
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time for filing an appeal of the decision. On appeal of the suit to |
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county court, an 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. Subchapter I, Chapter 92, Property Code, is |
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amended by adding Section 92.356 to read as follows: |
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Sec. 92.356. CONSIDERATION OF EXPUNGED RECORDS. Any |
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records that remain in a landlord's possession or control after |
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having been ordered to be expunged under Section 24.012 may not be |
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taken into account by the landlord in accepting or rejecting a |
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rental application. A landlord who knowingly violates this section |
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is liable 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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SECTION 3. Not later than January 1, 2026, 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 4. Section 24.012, Property Code, as added by this |
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Act, applies to a motion made on or after January 1, 2026, with |
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respect to a residential eviction suit that commences before, on, |
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or after January 1, 2026. |
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SECTION 5. This Act takes effect September 1, 2025. |