GEC C.S.H.B. 1978 75(R) BILL ANALYSIS BUSINESS & INDUSTRY C.S.H.B. 1978 By: Hinojosa 4-21-97 Committee Report (Substituted) BACKGROUND Under current law, if a tenant violates any provision of a lease agreement, a landlord usually has the option of terminating the lease and evicting the tenant. A landlord's notice to vacate must simply require a tenant to move out, regardless of whether the tenant intends to pay late rent or whether the landlord will accept payment. Some courts do not notify tenants of eviction judgments rendered against them in default cases (where the tenant did not appear). Sometimes tenants are not aware of the original action, and can end up losing all their possessions as a result. There is no requirement that an officer of the court post a warning that a writ of eviction is to be served. Eviction suits are also not clearly defined, and this is sometimes confusing to tenants and landlords. PURPOSE This bill would clarify that landlords can choose to give tenants an "opportunity to cure" a lease violation related to rent payment. Specifically, if a landlord has previously given a tenant a written notice of unpaid rent, a notice to vacate may specify that the tenant may stay if the tenant pays owed rent by a specific time or date. If a tenant fails to pay what is owed by the time or date specified by the notice, the landlord could then proceed to file for eviction without serving an additional demand to vacate. This bill also requires that the court mail a copy of any default eviction judgment to the tenant by regular mail within 48 hours of the judgment. Additionally, this bill would require that a written notice of sufficient size (8- 1/2 by 11 inches) be posted at least 24 hours prior to the serving of a writ of eviction. This may help prevent landlords and constables from having to physically remove tenants' possessions after an eviction judgment. Finally, this bill would clarify the eviction statute by making some small changes in current language. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 24.004, Property Code, to clearly state that eviction suits include "forcible entry and detainer" and "forcible detainer suits." SECTION 2. Amends (f) and adds (i) to Section 24.005, Property Code. (f) Adds a comma, strikes the word 'or', and adds the words 'by' and 'mail' to clarify that a notice to vacate sent by registered mail does not have to also be sent return receipt requested. (i) If a prior written notice of unpaid rent has been given to a tenant, a subsequent notice to vacate may be conditional, by demanding that the tenant may either vacate the premises or pay the specified amount owed by a stated time and date. SECTION 3. Amends (a), Section 24.006, Property Code, adding the word "eviction" and striking "forcible entry and detainer" and "forcible detainer", in accordance with the change in Section 1. SECTION 4. Amends (a), (c)-(g), and adds (h), to Section 24.0061, Property Code. (a) Adds the word "eviction" and strikes "forcible entry and detainer" and "forcible detainer action", in accordance with the change in Section 1. (c) States that if the tenant is not present at the time of an eviction judgment in favor of the landlord, the court will notify the tenant by mail within 48 hours of the judgment. Also changes the rest of (c) to (d). (d) Requires that the officer of the court who executes the writ of eviction must post a written notice of at least 8 1/2 by 11-inches in size on the front door of the unit at least 24 hours prior to the execution of the writ. (e)-(h) Technical changes. - Changes language in (d) to (e), (e) to (f), (f) to (g), and (g) to (h). Also strikes language in the former (e) regarding posting a written warning, which has been added to (d). SECTION 5. Amends Section 24.007, Property Code, adding the word "eviction" and striking "forcible entry and detainer" and "forcible detainer", in accordance with the change in Section 1. SECTION 6. Amends Section 24.008, Property Code, adding the word "eviction" and striking adding the word "eviction" and striking "forcible entry and detainer" and "forcible detainer", in accordance with the change in Section 1. SECTION 7. Amends Section 24.011, Property code, replacing "forcible detainer" with "eviction", in accordance with the change in Section 1. SECTION 8. Effective date: September 1, 1997. SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Strikes the first section of the original bill, which created a mandatory "opportunity to cure" eviction violations. New language clarifies that a landlord has the option of giving a tenant an "opportunity to cure" delinquent rent payment. Specifically, if the landlord has given prior written notice to a tenant of unpaid rent, a subsequent notice to vacate may be conditional upon payment of owed rent. Clarifies and streamlines the current eviction statute in two areas: changes a word to show that a notice to vacate sent by registered mail need not be sent return receipt requested, and clearly defines "forcible detainer" and "forcible entry detainer" suits as eviction suits. The court is given 48 hours (instead of 24, as in the original), to send notice to a tenant of a default judgment in an eviction suit. Eliminates the original bill's requirement that the court's posted eviction warning be on brightly colored poster board.