BILL ANALYSIS S.B. 738 By: Henderson Jurisprudence 3-21-95 Committee Report (Amended) BACKGROUND Currently, Section 24.011 of the Property Code allows a tenant who is a party to a forcible detainer or forcible entry and detainer suit in justice court to represent themselves or be represented by an authorized agent, who need not be an attorney. Some courts have experienced problems with this situation. Some non-lawyers approach a tenant at the court house on trial day seeking to represent them; the non-lawyers have no knowledge of the case and may disrupt court proceedings in the manner they represent the tenant. PURPOSE As proposed, S.B. 738 authorizes the use of nonlawyer or attorney representation in a forcible detainer or a forcible entry and detainer suit in justice court by a landlord or tenant. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 24.011, Property Code, to authorize landlords in forcible detainer suits to represent themselves or be represented by their employees or the employees of their authorized managing agents, who need not be attorneys, and authorizes tenants to represent themselves or be represented by any non-attorney who does not charge the tenant a fee for representation. Authorizes any party to be represented by an attorney. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: 90 days after adjournment.