By King of Parker H.B. No. 284
77R969 AEI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to service of citation and answer in justice and small
1-3 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 a written answer to the plaintiff's
1-11 petition or statement of the claim before 10 a.m. on the Monday
1-12 after 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 file a written
1-16 answer with the clerk who issued this citation by 10 a.m. on the
1-17 Monday after the 20th day after the date of service of this
1-18 citation and petition, a default judgment may be taken against
1-19 you."
1-20 (c) Citation issued in a small claims court must include the
1-21 following notice to the defendant: "You have been sued. You may
1-22 employ an attorney. If you or your attorney do not file a written
1-23 answer with the clerk who issued this citation by 10 a.m. on the
1-24 Monday after the 20th day after the date of service of this
2-1 citation and statement of the claim, a default judgment may be
2-2 taken against you."
2-3 (d) This section does not apply to a forcible detainer
2-4 action.
2-5 (e) Notwithstanding Section 22.004, Government Code, the
2-6 supreme court may not amend or adopt rules in conflict with this
2-7 section.
2-8 SECTION 2. This Act takes effect September 1, 2001, and
2-9 applies only to a citation issued on or after that date. A
2-10 citation issued before the effective date of this Act is governed
2-11 by the law in effect immediately before the effective date of this
2-12 Act, and the former law is continued in effect for that purpose.