Texas HB 511: Relating to the confidentiality of residential eviction case information.

Bill Text

By:AAWu H.B.ANo.A511
A BILL TO BE ENTITLED
AN ACT
relating to the confidentiality of residential eviction case
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAChapter 24, Property Code, is amended by adding
Section 24.012 to read as follows:
Sec.A24.012.AACONFIDENTIAL RECORDS RELATED TO RESIDENTIAL
EVICTION CASE INFORMATION. (a) In this section:
(1)AA"Eviction case" means a lawsuit brought under this
chapter to recover possession of leased or rented residential real
property from a tenant, including a tenant at will or a tenant at
sufferance.
(2)AA"Eviction case information" means all records and
files related to a filing of an eviction case, including petitions
and their dispositions.
(3)AA"Landlord" means:
(A)AAan owner, lessor, or sublessor of a dwelling;
(B)AAa management company or managing agent for a
dwelling, including an on-site manager; or
(C)AAa rent collector for a dwelling.
(b)AAConcurrently with a judgment or order of dismissal in an
eviction case, a court shall enter an order making confidential the
eviction case information pertaining to a defendant if:
(1)AAa judgment is entered in favor of the defendant;
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(2)AAthe case is dismissed without any relief granted
to the plaintiff; or
(3)AAthe defendant is a residential tenant not
otherwise in default and the eviction case is brought by the
successor in interest following foreclosure.
(c)AAOn petition of a defendant in an eviction case after a
judgment or order of dismissal has been entered, a court shall enter
an order making confidential the eviction case information
pertaining to a defendant if:
(1)AAat least five years have elapsed from the date of
the final judgment in the eviction case;
(2)AAthe defendant was a residential tenant not
otherwise in default and the eviction case was brought by the
successor in interest following foreclosure; or
(3)AAa confidentiality order was not issued and:
(A)AAa judgment was entered in favor of the
defendant; or
(B)AAthe case was dismissed.
(d)AAConcurrently with a judgment or order of dismissal in an
eviction case or on petition of a defendant in an eviction case
after a judgment or dismissal in the case, a court may enter an
order making confidential the eviction case information pertaining
to the defendant if the court finds that:
(1)AAit is in the interest of justice; and
(2)AAthe interest of justice is not outweighed by the
public’s interest in knowing the eviction case information.
(e)AAIf an order is entered making eviction case information
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confidential under this section:
(1)AAa court or clerk may not intentionally disclose
the eviction case information, except:
(A)AAto any judge or court staff;
(B)AAto the parties to the suit or the parties’
counsel; or
(C)AAin a form that omits any personal identifying
information of the parties, to any other person, agency, or
institution approved by the court with a legitimate interest in the
work of the court; and
(2)AAexcept to the extent permitted by federal law, a
credit reporting agency, a person, other than a landlord, who
regularly collects and disseminates eviction case information, or a
person who sells eviction case information may not:
(A)AAdisclose the existence of the eviction case;
or
(B)AAuse the eviction case information as a factor
in determining a score or recommendation in a tenant screening
report regarding the defendant.
(f)AAA person who knowingly violates Subsection (e) is liable
to an injured party for:
(1)AAactual damages or, if unable to prove actual
damages, exemplary damages of not more than $1,000; and
(2)AAreasonable attorney’s fees of not more than
$10,000 and court costs.
(g)AANotwithstanding Section 41.004(a), Civil Practice and
Remedies Code, a court shall award exemplary damages under
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Subsection (f)(1) to the injured party if the party is not awarded
actual damages.
(h)AAThis section does not prohibit a party to an eviction
case from abstracting the judgment in the case.
(i)AAThe supreme court shall adopt rules necessary to
implement this section.
SECTIONA2.AANot later than January 1, 2024, the Texas Supreme
Court shall adopt the rules necessary to implement Section 24.012,
Property Code, as added by this Act.
SECTIONA3.AAThis Act takes effect January 1, 2024.
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