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By: West |
S.B. No. 1448 |
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(In the Senate - Filed March 6, 2009; March 17, 2009, read |
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first time and referred to Committee on Intergovernmental |
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Relations; April 17, 2009, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 3, Nays 1; |
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April 17, 2009, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1448 |
By: West |
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A BILL TO BE ENTITLED
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AN ACT
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relating to actions in a justice court regarding the repair of |
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residential rental property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.0563, Property Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) The justice, county, and district courts have |
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concurrent jurisdiction in [of] an action under Subsection (a) [of
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this section except that the justice court may not order repairs
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under Subdivision (1) of Subsection (a) of this section]. |
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(d) If a suit is filed in a justice court requesting relief |
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under Subsection (a), the justice court shall conduct a hearing on |
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the request not earlier than the sixth day after the date of service |
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of citation and not later than the 10th day after that date. |
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(e) A justice court may not award a judgment under this |
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section, including an order of repair, that exceeds $10,000, |
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excluding interest and costs of court. |
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(f) An appeal of a judgment of a justice court under this |
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section takes precedence in county court and may be held at any time |
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after the eighth day after the date the transcript is filed in the |
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county court. An owner of real property who files a notice of |
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appeal of a judgment of a justice court to the county court perfects |
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the owner's appeal and stays the effect of the judgment without the |
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necessity of posting an appeal bond. |
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SECTION 2. Not later than January 1, 2010, the Texas Supreme |
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Court shall adopt rules of civil procedure applicable to orders of |
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repair issued by a justice court under Subdivision (1), Subsection |
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(a), Section 92.0563, Property Code. |
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SECTION 3. Section 92.0563, Property Code, as amended by |
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this Act, applies only to an action filed on or after the effective |
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date of this Act. An action filed before the effective date of this |
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Act is governed by the law in effect immediately before that date, |
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and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2010. |
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