By McClendon H.B. No. 2202
77R8375 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to appeal by pauper's affidavit of a residential eviction
1-3 case based on nonpayment of rent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 24, Property Code, is amended adding a new
1-6 Section 24.0063 to read as follows:
1-7 Sec. 24.0063. TENANT APPEAL ON PAUPER'S AFFIDAVIT. (a) If a
1-8 tenant in a residential eviction case based on nonpayment of rent
1-9 is unable to pay the costs of appeal or file an appeal bond as
1-10 required by the Texas Rules of Civil Procedure, the tenant may
1-11 appeal the justice court's judgment by filing with the justice
1-12 court, within five days after the judgment is signed, an affidavit
1-13 sworn before the justice court clerk or a notary public, stating
1-14 that the tenant is a pauper and is unable to pay the costs of
1-15 appeal or file an appeal bond. The affidavit shall contain
1-16 complete information as to the tenant's identity, the nature and
1-17 amount of tenant's employment income, the income of tenant's spouse
1-18 if available to the tenant, the nature and amount of governmental
1-19 entitlement income of the tenant, all other income of the tenant,
1-20 cash and savings/checking accounts of the tenant, real and personal
1-21 property owned by tenant, as well as the tenant's debts, monthly
1-22 expenses, and the number and age of tenant's dependents and where
1-23 they are living.
1-24 (b) If a pauper's affidavit is contested by the landlord
2-1 within the time required by the Texas Rules of Civil Procedure, the
2-2 justice shall hold a hearing and rule on the matter within five
2-3 days after the date of the landlord's notice of contest is received
2-4 by the clerk. At the hearing, the tenant has the burden to prove
2-5 the alleged pauper's status.
2-6 (c) After a determination by the justice that the tenant is
2-7 a pauper, the tenant shall tender rent to the justice court and
2-8 county court, respectively, as required by the Texas Rules of Civil
2-9 Procedure. If the tenant pays only a portion of the rent for the
2-10 premises and a governmental agency is responsible for the remainder
2-11 under an agreement with the landlord, the rent required to be paid
2-12 by the tenant into the justice or county court registry shall be
2-13 only that portion of the rent for which the tenant is liable under
2-14 the rental agreement.
2-15 (d) If the justice court approves the pauper's affidavit of
2-16 the tenant in an appeal of a nonpayment of rent eviction case to
2-17 the county court, the county court filing fee or an additional
2-18 pauper's affidavit in lieu county court filing fee shall not be
2-19 necessary.
2-20 (e) If a tenant fails to timely tender rent to the justice
2-21 court or to the county court as required by the Texas Rules of
2-22 Civil Procedure, the landlord may file a sworn motion of such
2-23 nonpayment with the county court and upon a showing of such
2-24 nonpayment to the judge, the county court shall immediately issue a
2-25 writ of possession. An attorney is not required for such motion or
2-26 showing of nonpayment to the court.
2-27 (f) During the appeal, if a governmental agency is
3-1 responsible for payment of a portion of the rent and does not pay
3-2 its portion of the rent to the landlord or into the justice court
3-3 or county court registry, the landlord may file a motion with the
3-4 county court asking that the tenant be required to pay the full
3-5 amount of the rent into the county court registry as a condition
3-6 for remaining in possession. After notice and hearing, the court
3-7 may grant such motion if the landlord did not cause the government
3-8 agency to cease paying the rental payments and the landlord shows
3-9 good cause.
3-10 SECTION 2. This Act takes effect September 1, 2001.