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On third reading, amend SB 408 on page 2, between lines 20 and
21, by inserting the following appropriately numbered new SECTIONS
and renumber the following sections appropriately:
SECTION ____. Subchapter A, Chapter 25, Government Code, is
amended by adding Section 25.0020 to read as follows:
Sec. 25.0020. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. (a)
On a written application of any party to an eviction suit, the
county court or county court at law in which an appeal of the suit is
filed may appoint any qualified attorney who is willing to provide
pro bono services in the matter or counsel from a list provided by a
pro bono legal services program of counsel willing to be appointed
to handle appeals under this section to attend to the cause of a
party who:
(1) was in possession of the residence at the time the
eviction suit was filed in the justice court; and
(2) has perfected the appeal on a pauper's affidavit
approved in accordance with Rule 749a, Texas Rules of Civil
Procedure.
(b) The appointed counsel shall represent the individual in
the proceedings of the suit in the county court or county court at
law. At the conclusion of those proceedings, the appointment
terminates.
(c) The court may terminate representation appointed under
this section for cause.
(d) Appointed counsel may not receive attorney's fees unless
the recovery of attorney's fees is provided for by contract,
statute, common law, court rules, or other regulations. The county
is not responsible for payment of attorney's fees to appointed
counsel.
(e) The court shall provide for a method of service of written
notice on the parties to an eviction suit of the right to request an
appointment of counsel on perfection of appeal on approval of a
pauper's affidavit.
SECTION ____. Subchapter A, Chapter 26, Government Code, is
amended by adding Section 26.010 to read as follows:
Sec. 26.010. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. (a)
On a written application of any party to an eviction suit, the
county court or county court at law in which an appeal of the suit is
filed may appoint any qualified attorney who is willing to provide
pro bono services in the matter or counsel from a list provided by a
pro bono legal services program of counsel willing to be appointed
to handle appeals under this section to attend to the cause of a
party who:
(1) was in possession of the residence at the time the
eviction suit was filed in the justice court; and
(2) has perfected the appeal on a pauper's affidavit
approved in accordance with Rule 749a, Texas Rules of Civil
Procedure.
(b) The appointed counsel shall represent the individual in
the proceedings of the suit in the county court or county court at
law. At the conclusion of those proceedings, the appointment
terminates.
(c) The court may terminate representation appointed under
this section for cause.
(d) Appointed counsel may not receive attorney's fees unless
the recovery of attorney's fees is provided for by contract,
statute, common law, court rules, or other regulations. The county
is not responsible for payment of attorney's fees to appointed
counsel.
(e) The court shall provide for a method of service of written
notice on the parties to an eviction suit of the right to request an
appointment of counsel on perfection of appeal on approval of a
pauper's affidavit.