HB2909 - Relating to the expunction of records in residential eviction suits.

  89R11046 JBD-D     By: Simmons H.B. No. 2909       A BILL TO BE ENTITLED   AN ACT   relating to the expunction of records in residential eviction   suits.          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.     EXPUNCTION OF RECORDS IN RESIDENTIAL EVICTION   SUITS. (a) A court has jurisdiction to order the expunction of   records related to a residential eviction suit if the suit was filed   originally or on appeal with the court. The court may, on oral or   written motion of the tenant in the suit, order all records related   to the suit in the possession or under the control of the court or   other person be expunged if the court finds that:                 (1)     the suit is or was without sufficient basis in fact   or law, including a lack of jurisdiction over the case, and:                       (A)     the expunction is in the interest of justice;   and                         (B)     the interest of justice is not outweighed by   the public's interest in the records; or                 (2)     following a final judgment of a county court in an   eviction suit, the tenant has maintained gainful employment for a   period of at least two years before the date on which the motion to   expunge is made.           (b)     If the motion for expunction under Subsection (a)(1) is   made at trial, the justice court may, concurrently with a decision   in the suit, order records expunged under this section. An order   issued under this subsection takes effect on the expiration of the   time for filing an appeal of the decision. On appeal of the suit to   county court, an order issued under this subsection is void.           (c)     A person may not publish and shall destroy a record that   is in the person's possession or under the person's control if the   person knows that an order of expunction of the record has been   issued under this section.           (d)     A person who knowingly violates Subsection (c) is liable   to an injured party for:                 (1)  actual damages;                   (2)  exemplary damages of $1,000; and                 (3)  reasonable attorney's fees and court costs.           (e)     Notwithstanding Section 41.004(a), Civil Practice and   Remedies Code, a court shall award exemplary damages under   Subsection (d)(2) to the injured party irrespective of whether the   party is awarded actual damages.           (f)     The supreme court shall adopt rules necessary to   implement this section.          SECTION 2.  Subchapter I, Chapter 92, Property Code, is   amended by adding Section 92.356 to read as follows:           Sec.   92.356.     CONSIDERATION OF EXPUNGED RECORDS. Any   records that remain in a landlord's possession or control after   having been ordered to be expunged under Section 24.012 may not be   taken into account by the landlord in accepting or rejecting a   rental application.   A landlord who knowingly violates this section   is liable to an injured party for:                 (1)  actual damages;                 (2)  exemplary damages of $1,000; and                 (3)  reasonable attorney's fees and court costs.          SECTION 3.  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 4.  Section 24.012, Property Code, as added by this   Act, applies to a motion made on or after January 1, 2026, with   respect to a residential eviction suit that commences before, on,   or after January 1, 2026.          SECTION 5.  This Act takes effect September 1, 2025.