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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of a residential eviction suit. |
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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 24.00521 to read as follows: |
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Sec. 24.00521. CONTEST OF TENANT APPEAL BOND. (a) If a |
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tenant appeals a judgment of a justice court in a residential |
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eviction suit by filing an appeal bond pursuant to the Texas Rules |
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of Civil Procedure, the landlord may contest the bond because of the |
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amount of the bond or the financial ability of a surety to pay the |
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bond by filing a contest with the justice court. After the contest |
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is filed, the justice court shall notify the tenant of the contest |
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not later than the first working day after the date the contest is |
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filed. Not later than the fifth day after the date the contest is |
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filed, the justice court shall hear evidence and determine whether |
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to approve or disapprove the amount of the bond or the surety. If |
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the landlord contests the amount of the bond, the landlord has the |
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burden to prove, by a preponderance of the evidence, that the amount |
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of the bond is insufficient. If the landlord contests the financial |
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ability of a surety to pay the bond, the tenant must prove, by a |
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preponderance of the evidence, that the surety is financially |
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sound. If the justice court determines that the amount of the bond |
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is insufficient, the surety is not financially sound, or both, the |
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justice court must disapprove the bond. If the tenant or the surety |
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fails to appear at the contest hearing, the failure to appear is |
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prima facie evidence that the bond should be disapproved. |
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(b) Not later than the fifth day after the date the justice |
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court disapproves an appeal bond, the tenant may appeal the |
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decision to the county court. On request, the justice court shall |
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certify to the county court the contest to the appeal bond and all |
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relevant documents. The county court shall hold a hearing not later |
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than the fifth day after the date the decision is appealed and shall |
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hear the contest de novo. A writ of possession may not be issued |
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before the county court issues a final decision on the appeal bond. |
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(c) After the contest is heard by the county court, the |
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clerk of the county court shall transmit the transcript and records |
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of the case to the justice court. If the county court disapproves |
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the appeal bond, the tenant may, not later than the fifth day after |
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the date the county court disapproves the appeal bond, perfect the |
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appeal of the judgment on the eviction suit by making a cash deposit |
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in an amount determined by the county court or by filing a sworn |
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statement of inability to pay with the justice court pursuant to the |
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Texas Rules of Civil Procedure. If a cash deposit in the required |
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amount is not timely made or a sworn statement of inability to pay |
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is not timely filed, a writ of possession may be issued. |
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SECTION 2. Section 24.0053, Property Code, is amended by |
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amending Subsections (a-1) and (a-2) and adding Subsections (a-3) |
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and (b-1) 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 or an appeal bond pursuant to the |
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Texas Rules of Civil Procedure 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 or appeal bond is filed |
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that contains the following information in bold or conspicuous |
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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 calendar date by which the initial deposit |
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must be paid 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 or |
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appeal bond as required by the [Rule 749b(1),] Texas Rules of Civil |
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Procedure. |
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(a-3) If a tenant files an appeal bond in an eviction suit |
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for nonpayment of rent, in addition to the notice required by |
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Subsection (a-1), the justice court shall provide to the tenant a |
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written notice at the time the appeal bond is filed. The written |
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notice must contain the following information in bold or |
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conspicuous type: |
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(1) the amount of the costs on appeal from a judgment |
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of the justice court that the tenant must pay into the justice court |
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registry; |
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(2) whether the costs on appeal from the justice court |
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must be paid in cash, cashier's check, or money order, and to whom |
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the cashier's check or money order, if applicable, must be made |
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payable; |
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(3) the calendar date by which the costs of appeal must |
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be paid 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 costs of appeal |
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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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(b-1) If the tenant appeals the eviction suit by filing an |
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appeal bond pursuant to the Texas Rules of Civil Procedure and the |
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tenant fails to pay the initial deposit of rent under Subsection |
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(a-1) or the costs on appeal as required by the justice court under |
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Subsection (a-3), the appeal is not perfected and the justice court |
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on request shall immediately issue a writ of possession without |
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hearing. |
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SECTION 3. 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 4. This Act takes effect January 1, 2016. |