LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                                May 5, 2001
  
  
          TO:  Honorable Kim Brimer, Chair, House Committee on Business
               & Industry
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB2202  by McClendon (Relating to authorizing a procedure
               for an appeal by pauper's affidavit of a residential
               eviction suit based on nonpayment of rent.), Committee
               Report 1st House, Substituted
  
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*  No significant fiscal implication to the State is anticipated.        *
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The bill would allow a tenant in a residential eviction case to file a
pauper's affidavit if the tenant is unable to pay the costs of appeal.
If the pauper's affidavit is contested by the landlord, a hearing would
be required.  If the tenant is deemed to be a pauper, the court filing
fee would not be necessary.  The bill would also set forth the
procedures for hearings if a party to the suit files a motion disputing
the amount of rent to be tendered into the court registry.  The justice
court's decision could be appealed to the county court by the landlord
or the tenant not later than the firth day after the date of the
decision.
  
Local Government Impact
  
No significant fiscal implication to units of local government is
anticipated.
  
  
Source Agencies:   302   Office of the Attorney General, 332   Texas
                   Department of Housing and Community Affairs, 304
                   Comptroller of Public Accounts
LBB Staff:         JK, DB, JO, ER