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House Bill 1334 |
House Author: Clardy et al. |
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Effective: 1-1-16 |
Senate Sponsor: Menéndez |
House Bill 1334 amends the Property Code to require the justice court, in a residential eviction suit for nonpayment of rent, to state the amount of the appeal bond and to ensure the procurement of the surety's contact information. The bill establishes procedures for contesting such an appeal bond, except for a bond issued by a corporate surety appropriately authorized by the Texas Department of Insurance. A contest of an appeal bond for an eviction for nonpayment of rent does not preclude a party from contesting the bond in the county court after the county court has jurisdiction over the eviction suit.
House Bill 1334 requires a tenant who files an appeal bond for an eviction for nonpayment of rent to pay into the justice court registry the amount of rent to be paid in one rental pay period as determined by the court and, if the tenant fails to timely pay that amount, the plaintiff is authorized to request a writ of possession. The court is required to issue the writ immediately and without a hearing on request and payment of fees. The plaintiff in the eviction suit for nonpayment of rent, on sworn motion and hearing, is authorized to withdraw money deposited in the court registry before the final determination in the case, dismissal of the appeal, or court order following the final hearing.