By King of Parker                                      H.B. No. 284
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to service and contents of citation and answer in justice
 1-3     and small claims courts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 17, Civil Practice and
 1-6     Remedies Code, is amended by adding Section 17.028 to read as
 1-7     follows:
 1-8           Sec. 17.028.  CITATION AND ANSWER IN JUSTICE AND SMALL CLAIMS
 1-9     COURTS.  (a)  A defendant served with citation issued in a justice
1-10     or small claims court must file an answer to the plaintiff's
1-11     petition or statement of the claim before 10 a.m. on the Monday
1-12     following the 20th day after the date of service of citation.
1-13           (b)  Citation issued in a justice court must include the
1-14     following notice to the defendant: "You have been sued.  You may
1-15     employ an attorney.  If you or your attorney do not make or file an
1-16     answer with the clerk who issued this citation by 10 a.m. on the
1-17     Monday following the 20th day after the date of service of this
1-18     citation and petition, a default judgment may be taken against you.
1-19     CERTAIN KINDS OF SUITS REQUIRE THAT YOU FILE AN ANSWER IN WRITING
1-20     THAT IS VERIFIED BY A SUFFICIENT AFFIDAVIT.  FAILURE TO FILE A
1-21     PROPER ANSWER COULD RESULT IN YOU BEING UNABLE TO PRESENT EVIDENCE
1-22     IN YOUR DEFENSE OR IN A SUMMARY JUDGMENT BEING TAKEN AGAINST YOU."
1-23           (c)  Citation issued in a small claims court must include the
1-24     following notice to the defendant: "You have been sued.  You may
 2-1     employ an attorney.  If you or your attorney do not make or file an
 2-2     answer with the clerk who issued this citation by 10 a.m. on the
 2-3     Monday following the 20th day after the date of service of this
 2-4     citation and petition, a default judgment may be taken against
 2-5     you."
 2-6           (d)  This section does not apply to a forcible detainer
 2-7     action or a forcible  entry and detainer action.
 2-8           (e)  Notwithstanding Section 22.004, Government Code, the
 2-9     supreme court may  not amend or adopt rules in conflict with this
2-10     section.
2-11           SECTION 2.  This Act takes effect September 1, 2001, and
2-12     applies only to a citation issued on or after that date.  A
2-13     citation issued before the effective date of this Act is governed
2-14     by the law in effect immediately before the effective date of this
2-15     Act, and the former law is continued in effect for that purpose.