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.