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