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.