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By: Schofield (Senate Sponsor - Bettencourt) |
H.B. No. 3364 |
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(In the Senate - Received from the House May 13, 2015; |
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May 14, 2015, read first time and referred to Committee on State |
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Affairs; May 22, 2015, reported favorably by the following vote: |
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Yeas 6, Nays 0; May 22, 2015, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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HuffmanX |
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EllisX |
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BirdwellX |
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CreightonX |
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EstesX |
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FraserX |
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NelsonX |
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SchwertnerX |
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ZaffiriniX |
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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 judgment in an eviction suit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.007, Property Code, is amended to |
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read as follows: |
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Sec. 24.007. APPEAL. A final judgment of a county court in |
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an eviction suit may not be appealed on the issue of possession |
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unless the premises in question are being used for residential |
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purposes only. [(a)] A judgment of a county court [in an eviction
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suit] may not under any circumstances be stayed pending appeal |
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unless, within 10 days of the signing of the judgment, the appellant |
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files a supersedeas bond in an amount set by the county court. In |
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setting the supersedeas bond the county court shall provide |
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protection for the appellee to the same extent as in any other |
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appeal, taking into consideration the value of rents likely to |
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accrue during appeal, damages which may occur as a result of the |
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stay during appeal, and other damages or amounts as the court may |
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deem appropriate. |
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[(b)
Notwithstanding any other law, an appeal may be taken
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from a final judgment of a county court, statutory county court,
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statutory probate court, or district court in an eviction suit.] |
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SECTION 2. The change in law made by this Act applies to an |
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appeal of a final judgment rendered on or after the effective date |
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of this Act. An appeal of a final judgment rendered before the |
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effective date of this Act is governed by the law in effect on the |
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date the judgment was rendered, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect January 1, 2016. |
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