Two Years On The Job Can Erase An Eviction Record

The text as introduced · 562 words

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.