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AN ACT
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relating to a tenant's failure to pay rent during an appeal of an |
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eviction for nonpayment of rent after filing a pauper's affidavit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.004, Property Code, is amended to |
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read as follows: |
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Sec. 24.004. JURISDICTION. A justice court in the precinct |
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in which the real property is located has jurisdiction in eviction |
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suits. Eviction suits include forcible entry and detainer and |
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forcible detainer suits. A justice court has jurisdiction to issue |
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a writ of possession under Sections 24.0054(a), (a-2), and (a-3). |
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SECTION 2. Section 24.0053, Property Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) If a tenant files a pauper's affidavit in the period |
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prescribed by Section 24.0052 to appeal an eviction for nonpayment |
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of rent, the justice court shall provide to the tenant a written |
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notice at the time the pauper's affidavit is filed that contains the |
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following information in bold or conspicuous type: |
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(1) the amount of the initial deposit of rent stated in |
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the judgment that the tenant must pay into the justice court |
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registry; |
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(2) whether the initial deposit must be paid in cash, |
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cashier's check, or money order, and to whom the cashier's check or |
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money order, if applicable, must be made payable; |
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(3) the calendar date by which the initial deposit |
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must be paid into the justice court registry; |
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(4) for a court that closes before 5 p.m. on the date |
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specified by Subdivision (3), the time the court closes; and |
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(5) a statement that failure to pay the required |
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amount into the justice court registry by the date prescribed by |
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Subdivision (3) may result in the court issuing a writ of possession |
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without hearing. |
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(a-2) The date by which an initial deposit must be paid into |
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the justice court registry under Subsection (a-1)(3) must be within |
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five days of the date the tenant files the pauper's affidavit as |
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required by Rule 749b(1), Texas Rules of Civil Procedure. |
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SECTION 3. Section 24.0054, Property Code, is amended by |
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amending Subsections (a) and (e) and adding Subsections (a-1), |
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(a-2), (a-3), and (a-4) to read as follows: |
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(a) During an appeal of an eviction case for nonpayment of |
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rent, the justice court on request shall immediately issue a writ of |
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possession, without hearing, if: |
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(1) a tenant fails to pay the initial rent deposit into |
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the justice court registry within five days of the date the tenant |
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filed a pauper's affidavit as required by Rule 749b(1), Texas Rules |
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of Civil Procedure, and Section 24.0053; |
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(2) the justice court has provided the written notice |
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required by Section 24.0053(a-1); and |
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(3) the justice court has not yet forwarded the |
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transcript and original papers to the county court as provided by |
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Subsection (a-2). |
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(a-1) The sheriff or constable shall execute a writ of |
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possession under Subsection (a) in accordance with Sections |
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24.0061(d) through (h). The landlord shall bear the costs of |
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issuing and executing the writ of possession. |
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(a-2) The justice court shall forward the transcript and |
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original papers in an appeal of an eviction case to the county court |
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but may not forward the transcript and original papers before the |
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sixth day after the date the tenant files a pauper's affidavit, |
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except that, if the court confirms that the tenant has timely paid |
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the initial deposit of rent into the justice court registry in |
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accordance with Section 24.0053, the court may forward the |
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transcript and original papers immediately. If the tenant has not |
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timely paid the initial deposit into the justice court registry, |
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the justice court on request shall issue a writ of possession |
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notwithstanding the fact that the tenant has perfected an appeal by |
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filing a pauper's affidavit that has been approved by the court. The |
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justice court shall forward the transcript and original papers in |
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the case to the county court for trial de novo, notwithstanding the |
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fact that a writ of possession under this section has already been |
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issued. |
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(a-3) Notwithstanding Subsections (a) and (a-2), the |
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justice court may not issue a writ of possession if the tenant has |
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timely deposited the tenant's portion of the rent claimed by the |
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tenant under Section 24.0053(d). |
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(a-4) During an appeal of an eviction case for nonpayment of |
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rent, if a tenant fails to pay rent into the justice court or county |
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court registry as the rent becomes due under the rental agreement in |
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accordance with the Texas Rules of Civil Procedure and Section |
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24.0053, the landlord may file with the county court a sworn motion |
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that the tenant failed to pay rent as required. The landlord shall |
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notify the tenant of the motion and the hearing date. |
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(e) In a motion or hearing [in county court] under |
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Subsection (a-4), or in a motion to dismiss an appeal of an eviction |
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case in county court [(a)], the parties may represent themselves or |
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be represented by their authorized agents, who need not be |
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attorneys. |
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SECTION 4. The change in law made by this Act applies only |
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to an eviction suit filed on or after the effective date of this |
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Act. A suit filed before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect January 1, 2012. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1111 was passed by the House on May 5, |
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2011, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1111 on May 27, 2011, by the following vote: Yeas 141, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1111 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |