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A BILL TO BE ENTITLED
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AN ACT
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relating to appeals from small claims courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 28.053, Government Code, |
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is amended to read as follows: |
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Sec. 28.053. DE NOVO TRIAL [HEARING] ON APPEAL. |
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SECTION 2. Sections 28.053(b) and (d), Government Code, are |
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amended to read as follows: |
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(b) Trial on appeal to the county court or county court at |
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law is de novo. No further pleadings are required and the procedure |
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is the same as in small claims court. |
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(d) A person may appeal the final judgment [Judgment] of the |
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county court or county court at law on the appeal to the court of |
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appeals [is final]. |
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SECTION 3. Section 28.053, Government Code, as amended by |
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this Act, applies only to an action filed in small claims court on |
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or after the effective date of this Act. An action filed in small |
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claims court before the effective date of this Act is governed by |
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the law applicable to the action immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |