By: Henderson S.B. No. 738
A BILL TO BE ENTITLED
AN ACT
1-1 relating to nonlawyer representation in a forcible detainer or a
1-2 forcible entry and detainer suit in justice court.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 24.011, Property Code, is amended to read
1-5 as follows:
1-6 Sec. 24.011. Nonlawyer Representation. In forcible detainer
1-7 suits in justice court for nonpayment of rent or holding over
1-8 beyond a rental term, landlords <the parties> may represent
1-9 themselves or be represented by their employees or the employees of
1-10 their authorized managing agents, who need not be attorneys, and
1-11 tenants may represent themselves or be represented by any
1-12 nonattorney who does not charge the tenant a fee for
1-13 representation. In any forcible detainer or forcible entry and
1-14 detainer suit in justice court, an authorized agent requesting or
1-15 obtaining a default judgment need not be an attorney. Any party
1-16 may be represented by an attorney.
1-17 SECTION 2. The change in law made by this Act applies only
1-18 to a forcible detainer or a forcible entry and detainer suit filed
1-19 on or after the effective date of this Act. A suit filed before
1-20 the effective date of this Act is covered by the law in effect when
1-21 the suit was filed, and the former law is continued in effect for
1-22 that purpose.
1-23 SECTION 3. The importance of this legislation and the
1-24 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.