HB 2909 — Relating to the expunction of records in residential eviction suits.

Summary

Relating to the expunction of records in residential eviction suits.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 2 section(s) of the Texas statutes: Section 24.012, Property Code, Section 92.356, Property Code.

• Section 24.012, Property Code

  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.

  amended

• Section 92.356, Property Code

  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.

  added

Action History

1. March 19, 2025

   Referred to Trade, Workforce & Economic Development

2. March 19, 2025

   Read first time

3. February 18, 2025

   Filed

Sponsors

• Lauren A. Simmons · Primary

Subjects