By:  Thompson, S.                                      H.B. No. 448
       73R1371 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to jurisdiction and venue of forcible entry and detainer
    1-3  and forcible detainer suits.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 27.031(a), Government  Code, is amended
    1-6  to read as follows:
    1-7        (a)  In addition to the jurisdiction and powers provided by
    1-8  the constitution and other law, the justice court has original
    1-9  jurisdiction of:
   1-10              (1)  civil matters in which exclusive jurisdiction is
   1-11  not in the district or county court and in which the amount in
   1-12  controversy is not more than $5,000, exclusive of interest;
   1-13              (2)  cases of forcible entry and detainer and forcible
   1-14  detainer; and
   1-15              (3)  foreclosure of mortgages and enforcement of liens
   1-16  on personal property in cases in which the amount in controversy is
   1-17  otherwise within the justice court's jurisdiction.
   1-18        SECTION 2.  Section 15.084, Civil Practice and Remedies Code,
   1-19  is amended to read as follows:
   1-20        Sec. 15.084.  FORCIBLE ENTRY AND DETAINER AND FORCIBLE
   1-21  DETAINER.  (a)  A suit for forcible entry and detainer or forcible
   1-22  detainer shall be brought in the precinct in which all or part of
   1-23  the premises is located.
   1-24        (b)  The suit may be transferred in accordance with the Texas
    2-1  Rules of Civil Procedure.  An affidavit for transfer submitted by
    2-2  or on behalf of the plaintiff in the suit may be filed only at the
    2-3  time of filing of the suit.
    2-4        (c)  If the plaintiff is entitled to the transfer, the court
    2-5  shall promptly transfer the suit before issuance of citation.  If
    2-6  the defendant is entitled to the transfer, the court shall promptly
    2-7  transfer the suit and notify the plaintiff by first-class mail or
    2-8  telephone.
    2-9        (d)  A court transferring a suit may charge a transfer fee of
   2-10  $15.  A court that transfers a suit on affidavit of the plaintiff
   2-11  shall forward filing and service fees paid by the plaintiff to the
   2-12  court to which the suit is transferred.
   2-13        SECTION 3.  Section 24.004, Property Code, is repealed.
   2-14        SECTION 4.  This Act takes effect September 1, 1993, and
   2-15  applies only to a suit that is commenced on or after that date.  A
   2-16  suit that is commenced before September 1, 1993, is governed by the
   2-17  law in effect at the time the suit is commenced, and that law is
   2-18  continued in effect for that purpose.
   2-19        SECTION 5.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency   and   an   imperative   public   necessity   that   the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.