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A BILL TO BE ENTITLED
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AN ACT
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relating to appointment of counsel in appeals of certain eviction |
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suits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 24, Property Code, is amended by adding |
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Section 24.0071 to read as follows: |
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Sec. 24.0071. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. |
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(a) On a written application of any party to an eviction suit, the |
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county court or county court at law in which an appeal of the suit is |
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filed shall appoint counsel to attend to the cause of a party who: |
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(1) was in possession of the residence at the time the |
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eviction suit was filed in the justice court; and |
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(2) has perfected the appeal on a pauper's affidavit |
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approved in accordance with Rule 749a, Texas Rules of Civil |
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Procedure. |
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(b) The appointed counsel shall represent the individual in |
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the proceedings of the suit in the county court or county court at |
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law. At the conclusion of those proceedings, the appointment |
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terminates. |
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(c) The court may terminate representation appointed under |
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this section for cause. |
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(d) Reasonable attorney's fees and expenses of appointed |
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counsel shall be: |
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(1) taxed by the court in any manner the court |
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considers fair and just; and |
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(2) paid by the county in which the suit is filed, in |
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appropriate suits. |
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(e) The court shall provide for a method of service of |
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written notice on the parties to an eviction suit of the right to an |
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appointment of counsel on perfection of appeal on approval of a |
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pauper's affidavit. |
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SECTION 2. The change in law made by this Act applies only |
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to an eviction suit filed on or after the effective date of this |
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Act. A suit filed before the effective date of this Act is governed |
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by the law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |