H.B. No. 2909 introduces new provisions for the expunction of records related to residential eviction suits in Texas. It amends the Property Code by adding Section 24.012, which grants courts the jurisdiction to order the expunction of such records upon a tenant's motion if the eviction suit lacks sufficient basis in fact or law, or if the tenant has maintained gainful employment for at least two years following a final judgment in the eviction suit. The bill also stipulates that if a motion for expunction is made during trial, the justice court may order records to be expunged concurrently with its decision, and it establishes penalties for individuals who fail to comply with expunction orders.

Additionally, the bill adds Section 92.356 to the Property Code, which prohibits landlords from considering expunged records when evaluating rental applications. Landlords who violate this provision may be held liable for actual damages, exemplary damages of $1,000, and reasonable attorney's fees and court costs. The Texas Supreme Court is tasked with adopting necessary rules to implement these changes by January 1, 2026, and the provisions will apply to motions made on or after that date. The act is set to take effect on September 1, 2025.

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