HB 2223
AN ACT relating to the confidentiality of eviction case information.
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
This Texas bill protects tenants by making certain eviction case records confidential when the tenant wins the case, the case is dismissed, or the eviction is related to a foreclosure. Under the new law, courts and consumer reporting agencies cannot disclose or use these confidential eviction records in tenant screening reports, preventing such information from negatively impacting a tenant's future housing opportunities. Landlords who violate these confidentiality rules can be held liable for damages and attorney's fees.
Bill Text
relating to the confidentiality of 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 EVICTION CASE INFORMATION. (a) (1) "Consumer reporting agency" has the meaning assigned by Section 20.01, Business & Commerce Code. (2) "Eviction case" means a lawsuit brought under this chapter to recover possession of leased or rented real property from a tenant, including a tenant at will or a tenant at sufferance. (3) "Eviction case information" means all records and files related to a filing of an eviction case, including petitions (b) Concurrently with a judgment or order of dismissal in an eviction case, a court shall enter an order protecting the confidentiality of the eviction case information pertaining to a (1) a judgment is entered in favor of the defendant; (2) the case is dismissed without any relief granted (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 protecting the confidentiality of the eviction case information pertaining to a defendant if a confidentiality order (1) a judgment was entered in favor of the defendant; (2) the case was dismissed without any relief granted (d) On perfection of appeal by any party in an eviction case, a court shall enter an order protecting during the pendency of the appeal the confidentiality of the eviction case information (e) If an order is entered to protect the confidentiality of eviction case information under this section: (1) a court or clerk may not disclose the eviction case (A) to a judge or court personnel of the trial court presiding over the eviction case; (B) to the parties to the suit or the parties' (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 and noncommercial interest in the decisions of the court; and (2) except to the extent permitted by federal law, a consumer 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; (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)(2) is liable to an injured party for: (2) reasonable attorney's fees and court costs. (g) This section does not prohibit a party to an eviction case from abstracting the judgment in the case. SECTION 2. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to the confidentiality of eviction case information.
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