HB1369 - Relating to the confidentiality of residential eviction case information.

  89R1734 DRS-F     By: Jones of Dallas H.B. No. 1369       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:          SECTION 1.  Chapter 24, Property Code, is amended by adding   Section 24.012 to read as follows:           Sec.   24.012.     CONFIDENTIAL RECORDS RELATED TO RESIDENTIAL   EVICTION CASE INFORMATION. (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, including a tenant at will or a tenant at   sufferance.                 (2)     "Eviction case information" means all records and   files related to a filing of an eviction case, including petitions   and their dispositions.                 (3)  "Landlord" means:                       (A)  an owner, lessor, or sublessor of a dwelling;                       (B)     a management company or managing agent for a   dwelling, including an on-site manager; or                       (C)  a rent collector for a dwelling.           (b)     Concurrently 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)  a judgment is entered in favor of the defendant;                 (2)     the case is dismissed without any relief granted   to the plaintiff; or                 (3)     the defendant is a residential tenant not   otherwise in default and the eviction case is brought by the   successor in interest following foreclosure.           (c)     On 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)     at least five years have elapsed from the date of   the final judgment in the eviction case;                 (2)     the defendant was a residential tenant not   otherwise in default and the eviction case was brought by the   successor in interest following foreclosure; or                 (3)  a confidentiality order was not issued and:                       (A)     a judgment was entered in favor of the   defendant; or                         (B)  the case was dismissed.           (d)     Concurrently 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)  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 eviction case information   confidential under this section:                 (1)     a court or clerk may not intentionally disclose   the eviction case information, except:                       (A)  to any judge or court staff;                       (B)     to the parties to the suit or the parties'   counsel; or                       (C)     in 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)     except 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)     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) is liable   to an injured party for:                 (1)     actual damages or, if unable to prove actual   damages, exemplary damages of not more than $1,000; and                 (2)     reasonable attorney's fees of not more than   $10,000 and court costs.           (g)     Notwithstanding Section 41.004(a), Civil Practice and   Remedies Code, a court shall award exemplary damages under   Subsection (f)(1) to the injured party if the party is not awarded   actual damages.           (h)     This section does not prohibit a party to an eviction   case from abstracting the judgment in the case.           (i)     The supreme court shall adopt rules necessary to   implement this section.          SECTION 2.  Not later than January 1, 2026, the Texas Supreme   Court shall adopt the rules necessary to implement Section 24.012,   Property Code, as added by this Act.          SECTION 3.  This Act takes effect January 1, 2026.