1-1 By: Henderson S.B. No. 738
1-2 (In the Senate - Filed February 23, 1995; February 27, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 21, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 6, Nays 0; March 21, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-7 Amend S.B. No. 738 by substituting the language in SECTION 1 as
1-8 follows:
1-9 SECTION 1. Section 24.011, Property Code, is amended to read
1-10 as follows:
1-11 Sec. 24.011. NONLAWYER REPRESENTATION. In forcible detainer
1-12 suits in justice court for nonpayment of rent or holding over
1-13 beyond a rental term, landlords <the parties> may represent
1-14 themselves or be represented by their employees or the employees of
1-15 their authorized managing agents, who need not be attorneys, and
1-16 tenants may represent themselves or be represented by any
1-17 nonattorney who does not charge the tenant a fee for
1-18 representation. In any forcible detainer or forcible entry and
1-19 detainer suit in justice court, authorized agent requesting or
1-20 obtaining a default judgment need not be an attorney. Any party
1-21 may be represented by an attorney.
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to nonlawyer representation in a forcible detainer or a
1-25 forcible entry and detainer suit in justice court.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 24.011, Property Code, is amended to read
1-28 as follows:
1-29 Sec. 24.011. Nonlawyer Representation. In forcible detainer
1-30 suits in justice court for nonpayment of rent or holding over
1-31 beyond a rental term, landlords <the parties> may represent
1-32 themselves or be represented by their authorized employees and
1-33 tenants may represent themselves or be represented by a person who
1-34 resides on the premises that are the subject of the suit. A
1-35 representative designated by a landlord or tenant <agents, who>
1-36 need not be an attorney <attorneys>. In any forcible detainer or
1-37 forcible entry and detainer suit in justice court, an authorized
1-38 representative <agent> requesting or obtaining a default judgment
1-39 need not be an attorney.
1-40 SECTION 2. The change in law made by this Act applies only
1-41 to a forcible detainer or a forcible entry and detainer suit filed
1-42 on or after the effective date of this Act. A suit filed before
1-43 the effective date of this Act is covered by the law in effect when
1-44 the suit was filed, and the former law is continued in effect for
1-45 that purpose.
1-46 SECTION 3. The importance of this legislation and the
1-47 crowded condition of the calendars in both houses create an
1-48 emergency and an imperative public necessity that the
1-49 constitutional rule requiring bills to be read on three several
1-50 days in each house be suspended, and this rule is hereby suspended.
1-51 * * * * *