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 Section 24.004, Property Code, is repealed. 2-14 SECTION 4.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.