77R12483 AJA-F By McClendon H.B. No. 2202 Substitute the following for H.B. No. 2202: By Solomons C.S.H.B. No. 2202 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing a procedure for an appeal by pauper's 1-3 affidavit of a residential eviction suit based on nonpayment of 1-4 rent. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 24, Property Code, is amended by adding 1-7 Section 24.0052 to read as follows: 1-8 Sec. 24.0052. TENANT APPEAL ON PAUPER'S AFFIDAVIT. (a) If a 1-9 tenant in a residential eviction suit based on nonpayment of rent 1-10 is unable to pay the costs of appeal or file an appeal bond as 1-11 required by the Texas Rules of Civil Procedure, the tenant may 1-12 appeal the judgment of the justice court by filing with the justice 1-13 court, not later than the fifth day after the date the judgment is 1-14 signed, an affidavit sworn before the clerk of the justice court or 1-15 a notary public that states that the tenant is unable to pay the 1-16 costs of appeal or file an appeal bond. The affidavit must contain 1-17 the following information: 1-18 (1) the tenant's identity; 1-19 (2) the nature and amount of the tenant's employment 1-20 income; 1-21 (3) the income of the tenant's spouse, if applicable 1-22 and available to the tenant; 1-23 (4) the nature and amount of any governmental 1-24 entitlement income of the tenant; 2-1 (5) all other income of the tenant; 2-2 (6) the amount of available cash and funds available 2-3 in savings or checking accounts of the tenant; 2-4 (7) real and personal property owned by the tenant, 2-5 other than household furnishings, clothes, tools of a trade, or 2-6 personal effects; 2-7 (8) the tenant's debts and monthly expenses; and 2-8 (9) the number and age of the tenant's dependents and 2-9 where those dependents reside. 2-10 (b) If the affidavit is contested by the landlord within the 2-11 time prescribed by the Texas Rules of Civil Procedure, the justice 2-12 court shall hold a hearing and rule on the matter not later than 2-13 the fifth day after the date the landlord's notice of contest is 2-14 received by the clerk. At the hearing, the tenant has the burden 2-15 to prove by competent evidence other than the affidavit the 2-16 tenant's inability to pay the costs of appeal or file an appeal 2-17 bond. 2-18 (c) If the justice court determines that the tenant is 2-19 unable to pay the costs of appeal or file an appeal bond and the 2-20 tenant intends to stay in possession of the premises during the 2-21 pendency of the appeal, the tenant shall tender rent to the justice 2-22 court or county court registry, as applicable, in accordance with 2-23 the Texas Rules of Civil Procedure. If the tenant pays only a 2-24 portion of the rent for the premises and a governmental agency is 2-25 responsible for the remainder of the rent under an agreement with 2-26 the landlord, the tenant is required to tender only that portion of 2-27 the rent for which the tenant is liable under the lease agreement. 3-1 (d) If, on or before the fifth day after the date the 3-2 justice signs the judgment, a party to the suit files a motion with 3-3 the justice court disputing the amount of rent to be tendered into 3-4 the court registry under Subsection (c), the justice court shall, 3-5 on or before the fifth day after the date the motion is filed, hold 3-6 a hearing and determine the amount owed in accordance with the 3-7 terms of the lease agreement and applicable law. If the landlord 3-8 contests the tenant's affidavit under this section, a motion 3-9 described by this subsection must be made at or before the hearing 3-10 on the contest, and the justice court shall hold the hearing on the 3-11 motion at the same time as the hearing on the contest. The justice 3-12 court's decision may be appealed to the county court by the 3-13 landlord or the tenant not later than the fifth day after the date 3-14 of the decision. If a motion is filed under this subsection, the 3-15 tenant is not required to pay the disputed portion of the rent into 3-16 the court registry until the fifth day after the date of the 3-17 justice court's decision or, if an appeal of the decision is filed, 3-18 until the fifth day after the date the county court makes a final 3-19 determination. 3-20 (e) If the justice court approves the affidavit, the tenant 3-21 is not required to pay the county court filing fee or file an 3-22 additional affidavit under Subsection (a). 3-23 (f) If a tenant fails to timely tender rent to the justice 3-24 court or county court registry in accordance with the Texas Rules 3-25 of Civil Procedure, the landlord may file a sworn motion of 3-26 nonpayment with the county court, and on a showing of the 3-27 nonpayment to the judge, the county court shall issue a writ of 4-1 possession. If the county court finds that the tenant has not 4-2 complied with Subsection (c) and the amount of rent is not in 4-3 dispute under Subsection (d), the county court may issue a writ of 4-4 possession immediately. An attorney is not required to file a 4-5 motion or show nonpayment under this subsection. 4-6 (g) During the appeal, if a governmental agency is 4-7 responsible for payment of a portion of the rent and does not pay 4-8 that portion to the landlord or into the justice court or county 4-9 court registry, the landlord may file a motion with the county 4-10 court requesting that the tenant be required to pay the full amount 4-11 of the rent into the county court registry as a condition of 4-12 remaining in possession. After notice and hearing, the court may 4-13 grant the motion only if the landlord: 4-14 (1) shows good cause; 4-15 (2) did not cause the agency to cease making the 4-16 payments; and 4-17 (3) is not able to take an action that will cause the 4-18 agency to resume making the payments or to otherwise pay all or 4-19 part of the rent. 4-20 SECTION 2. This Act takes effect September 1, 2001.