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.