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A BILL TO BE ENTITLED
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AN ACT
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relating to a tenant's failure to pay rent during an appeal of an |
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eviction for nonpayment of rent after filing a pauper's affidavit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.004, Property Code, is amended to |
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read as follows: |
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Sec. 24.004. JURISDICTION. A justice court in the precinct |
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in which the real property is located has jurisdiction in eviction |
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suits. Eviction suits include forcible entry and detainer and |
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forcible detainer suits. A justice court has jurisdiction to issue |
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a writ of possession under Section 24.0054(a), (a-1), and (a-2). |
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SECTION 2. Section 24.0053, Property Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) If a tenant files a pauper's affidavit in the period |
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prescribed by Section 24.0052 to appeal an eviction for nonpayment |
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of rent, the justice court shall provide to the tenant a written |
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notice at the time the pauper's affidavit is filed that contains the |
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following information in bold or conspicuous type: |
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(1) the amount of the initial deposit of rent stated in |
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the judgment that the tenant must pay into the justice court |
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registry; |
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(2) whether the initial deposit must be paid in cash, |
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cashier's check, or money order, and to whom the cashier's check or |
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money order, if applicable, must be made payable; |
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(3) the date by which the initial deposit must be paid |
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into the justice court registry; |
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(4) for a court that closes before 5 p.m. on the date |
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specified by Subdivision (3), the time the court closes; and |
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(5) a statement that failure to pay the required |
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amount into the justice court registry by the date prescribed by |
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Subdivision (3) may result in the court issuing a writ of possession |
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without hearing. |
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(a-2) The date by which an initial deposit must be paid into |
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the justice court registry under Subsection (a-1)(3) must be within |
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five days of the date the tenant files the pauper's affidavit as |
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required by Rule 749b(1), Texas Rules of Civil Procedure. |
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SECTION 3. Section 24.0054, Property Code, is amended by |
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amending Subsections (a) and (e) and adding Subsections (a-1), |
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(a-2), and (a-3) to read as follows: |
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(a) During an appeal of an eviction case for nonpayment of |
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rent, if a tenant fails to pay the initial rent deposit into the |
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justice court registry within five days of the date the tenant filed |
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a pauper's affidavit as required by Rule 749b(1), Texas Rules of |
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Civil Procedure, and Section 24.0053, and if the justice court has |
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provided the written notice required by Section 24.0053(a-1), the |
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justice court shall immediately issue a writ of possession, without |
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hearing. The sheriff or constable shall execute the writ in |
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accordance with Section 24.0061(d) through (h). The landlord shall |
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bear the costs of issuing and executing the writ of possession. |
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(a-1) A justice court may not forward the transcript and |
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original papers in an eviction case to the county court before the |
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fifth day after the date the tenant files a pauper's affidavit |
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unless the court confirms that the tenant has timely paid the |
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initial deposit of rent into the justice court registry in |
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accordance with Section 24.0053. If the tenant has not timely paid |
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the initial deposit into the justice court registry, the justice |
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court shall issue a writ of possession notwithstanding the fact |
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that the tenant has perfected an appeal by filing a pauper's |
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affidavit that has been approved by the court. The justice court |
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shall forward the transcript and original papers in the case to the |
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county court for trial de novo, notwithstanding the fact that a writ |
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of possession under this section has already been issued. |
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(a-2) Notwithstanding Subsections (a) and (a-1), the |
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justice court may not issue a writ of possession if the tenant has |
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timely deposited the tenant's portion of the rent claimed by the |
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tenant under Section 24.0053(d). |
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(a-3) During an appeal of an eviction case for nonpayment of |
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rent, if a tenant fails to pay rent into the justice court or county |
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court registry as the rent becomes due under the rental agreement in |
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accordance with the Texas Rules of Civil Procedure and Section |
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24.0053, the landlord may file with the county court a sworn motion |
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that the tenant failed to pay rent as required. The landlord shall |
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notify the tenant of the motion and the hearing date. |
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(e) In a motion or hearing [in county court] under |
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Subsection (a-3) [(a)], the parties may represent themselves or be |
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represented by their authorized agents, who need not be attorneys. |
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SECTION 4. 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 the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect January 1, 2012. |