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 ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** 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