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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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Sections 24.00511 and 24.00512 to read as follows: |
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Sec. 24.00511. APPEAL BOND FOR CERTAIN EVICTION SUITS. (a) |
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In a residential eviction suit for nonpayment of rent, the justice |
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court shall state in the court's judgment the amount of the appeal |
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bond, taking into consideration the money required to be paid into |
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the court registry under Section 24.0053. |
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(b) In addition to meeting all other requirements of law, |
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the bond must require the surety to provide the surety's contact |
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information, including an address, phone number, and e-mail |
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address, if any. If any of the contact information changes, the |
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surety shall inform the court of the surety's new contact |
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information. |
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Sec. 24.00512. CONTEST OF CERTAIN APPEAL BONDS. (a) This |
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section does not apply to an appeal bond issued by a corporate |
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surety authorized by the Texas Department of Insurance to engage in |
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business in this state. |
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(b) If a party appeals the judgment of a justice court in a |
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residential eviction suit for nonpayment of rent by filing an |
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appeal bond, the opposing party may contest the bond amount, form of |
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the bond, or financial ability of a surety to pay the bond by filing |
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a written notice with the justice court contesting the appeal bond |
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on or before the fifth day after the date the appeal bond is filed |
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and serving a copy on the other party. After the notice is filed, |
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the justice court shall notify the other party and the surety of the |
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contest. |
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(c) Not later than the fifth day after the date the contest |
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is filed, the justice court shall hold a hearing to hear evidence to |
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determine whether to approve or disapprove the amount or form of the |
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bond or the surety. |
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(d) If a party contests the amount or form of the bond, the |
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contesting party has the burden to prove, by a preponderance of the |
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evidence, that the amount or form of the bond, as applicable, is |
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insufficient. If a party contests the financial ability of a surety |
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to pay the bond, the party filing the bond must prove, by a |
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preponderance of the evidence, that the surety has sufficient |
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nonexempt assets to pay the appeal bond. If the justice court |
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determines that the amount or form of the bond is insufficient or |
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the surety does not have sufficient nonexempt assets to pay the |
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appeal bond, the justice court must disapprove the bond. If the |
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surety fails to appear at the contest hearing, the failure to appear |
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is prima facie evidence that the bond should be disapproved. |
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(e) Not later than the fifth day after the date the justice |
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court disapproves an appeal bond, the party appealing may make a |
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cash deposit, file a sworn statement of inability to pay with the |
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justice court, or appeal the decision disapproving the appeal bond |
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to the county court. If the party appealing fails to make a cash |
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deposit, file a sworn statement of inability to pay, or appeal the |
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decision disapproving the appeal bond, the judgment of the justice |
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court becomes final and a writ of possession and other processes to |
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enforce the judgment must be issued on the payment of the required |
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fee. |
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(f) If an appeal is filed, the justice court shall transmit |
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to the county court the contest to the appeal bond and all relevant |
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documents. The county court shall docket the appeal, schedule a |
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hearing to be held not later than the fifth day after the date the |
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appeal is docketed, notify the parties and the surety of the hearing |
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time and date, and hear the contest de novo. The failure of the |
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county court to hold a timely hearing is not grounds for approval or |
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denial of the appeal. A writ of possession may not be issued before |
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the county court issues a final decision on the appeal bond. |
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(g) After the contest is heard by the county court, the |
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county clerk shall transmit the transcript and records of the case |
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to the justice court. If the county court disapproves the appeal |
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bond, the party may, not later than the fifth day after the date the |
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court disapproves the appeal bond, perfect the appeal of the |
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judgment on the eviction suit by making a cash deposit in the |
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justice court in an amount determined by the county court or by |
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filing a sworn statement of inability to pay with the justice court |
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pursuant to the Texas Rules of Civil Procedure. If the tenant is |
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the appealing party and a cash deposit in the required amount is not |
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timely made or a sworn statement of inability to pay is not timely |
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filed, the judgment of the justice court becomes final and a writ of |
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possession and other processes to enforce the judgment must be |
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issued on the payment of the required fee. If the landlord is the |
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appealing party and a cash deposit is not timely made or a sworn |
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statement of inability to pay is not timely filed, the judgment of |
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the justice court becomes final. If the appeal bond is approved by |
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the county court, the court shall transmit the transcript and other |
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records of the case to the justice court, and the justice court |
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shall proceed as if the appeal bond was originally approved. |
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SECTION 2. 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 CERTAIN APPEAL BONDS IN COUNTY |
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COURT. A contest under Section 24.00512 does not preclude a party |
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from contesting the appeal bond in the county court after the county |
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court has jurisdiction over the eviction suit. After the county |
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court has jurisdiction over the eviction suit, the county court may |
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modify the amount or form of the bond and determine the sufficiency |
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of the surety. |
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SECTION 3. 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 (a-4) to read as follows: |
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(a-1) In an eviction suit for nonpayment of rent, if [If] a |
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tenant files a pauper's affidavit in the period prescribed by |
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Section 24.0052 or an appeal bond pursuant to the Texas Rules of |
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Civil Procedure [to appeal an eviction for nonpayment of rent], the |
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justice court shall provide to the tenant a written notice at the |
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time the pauper's affidavit or appeal bond is filed that contains |
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the 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 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 a 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 the [Rule 749b(1),] Texas Rules of Civil Procedure. |
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(a-3) If a tenant files an appeal bond to appeal an eviction |
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for nonpayment of rent, the tenant must, not later than the fifth |
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day after the date the tenant filed the appeal bond, pay into the |
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justice court registry the amount of rent to be paid in one rental |
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pay period as determined by the court under Subsection (a). If the |
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tenant fails to timely pay that amount into the justice court |
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registry and the transcript has not yet been transmitted to the |
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county court, the plaintiff may request a writ of possession. On |
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request and payment of the applicable fee, the justice court shall |
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issue the writ of possession immediately and without a hearing. |
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Regardless of whether a writ of possession is issued, the justice |
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court shall transmit the transcript and appeal documents to the |
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county court for trial de novo on issues relating to possession, |
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rent, or attorney's fees. |
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(a-4) On sworn motion and hearing, the plaintiff in the |
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eviction suit may withdraw money deposited in the court registry |
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before the final determination in the case, dismissal of the |
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appeal, or order of the court after final hearing. The county court |
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shall give precedence to a hearing or motion under this subsection. |
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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, 2016. |
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