Bill

HB 1647

87(R) - 2021
House Business & Industry
House Business & Industry
Property Rights
Civil Procedure

Contact the Author

Armando Walle

Phone:

512-463-0924

Capitol Office:

GW.18

Email:

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Armando Walle
Jasmine Crockett

Bill Caption

Relating to the confidentiality of eviction case information for evictions related to the COVID-19 pandemic.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 1647 would make records related to eviction cases stemming from the COVID-19 disaster confidential under most circumstances. A court would have to make such records confidential if judgment is entered for the defendant, the case is dismissed, or at least three years have elapsed since the date of the final judgment. If the court entered a final judgment for the plaintiff, the records would be accessible to the public until they are made confidential under the three-year rule. Prior to any final judgment in the case, the records would only be accessible to each party.


These new confidentiality rules would apply to any eviction for nonpayment of rent during or within six months after the declared COVID-19 disaster and for any defendant in an eviction case who files a statement indicating that their nonpayment was due to financial hardship stemming from the disaster. HB 1647 would make a credit reporting agency or person who collects or sells eviction case information civilly liable for knowingly disclosing confidential eviction records or using them in their reporting on a person.

Vote Recommendation Notes

Texas Action is neutral on HB 1647. These changes would only make eviction case records from the COVID-19 disaster confidential, rather than limiting lawful evictions themselves. While this might constitute an unnecessary state intervention, local and state lockdown procedures during the disaster have caused many people to lose their jobs and fall behind on rent.

We do caution that this government solution to a government created problem may in the long run hurt the people it is intended to help. There are always unintended consequences to well-intentioned bills, and usually the people who get hurt are the ones the legislation was intended to protect. 

Contact the Author

Armando Walle

Phone:

512-463-0924

Capitol Office:

GW.18

Email: