Bill Text: TX HB174 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the expunction of records in residential eviction suits.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-02-13 - Referred to Business & Industry [HB174 Detail]
Download: Texas-2019-HB174-Introduced.html
| 86R1056 BEE-F | ||
| By: Canales | H.B. No. 174 | |
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| 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; | ||
| (2) the expunction is in the interest of justice; and | ||
| (3) the interest of justice is not outweighed by the | ||
| public's interest in the records. | ||
| (b) If the motion for expunction 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. Not later than January 1, 2020, the Texas Supreme | ||
| Court shall adopt the rules necessary to implement Section 24.012, | ||
| Property Code, as added by this Act. | ||
| SECTION 3. Section 24.012, Property Code, as added by this | ||
| Act, applies to a motion made on or after January 1, 2020, with | ||
| respect to a residential eviction suit that commences before, on, | ||
| or after January 1, 2020. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
