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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of tenant legal services offices by |
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counties to represent indigent residential tenants in eviction |
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cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 5, Local Government Code, is |
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amended by adding Chapter 162 to read as follows: |
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CHAPTER 162. TENANT LEGAL SERVICES OFFICE |
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Sec. 162.001. DEFINITIONS. In this chapter: |
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(1) "Indigent" means an individual who earns not more |
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than 125 percent of the income standard established by applicable |
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federal poverty guidelines. |
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(2) "Office" means a tenant legal services office |
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established under Section 162.002. |
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Sec. 162.002. TENANT LEGAL SERVICES OFFICE. (a) The |
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commissioners court of a county shall create a tenant legal |
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services office to provide legal representation and services to |
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indigent residential tenants in eviction cases. |
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(b) The commissioners court may establish a department of |
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the county or by contract may designate a nonprofit corporation to |
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serve as the tenant legal services office for the county. |
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(c) The commissioners court by order shall establish the |
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rules and procedures necessary to implement this chapter. |
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Sec. 162.003. PROPOSALS BY NONPROFIT CORPORATIONS. (a) |
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Before contracting with a nonprofit corporation to serve as a |
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tenant legal services office, the commissioners court shall solicit |
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proposals for the office. |
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(b) The commissioners court shall require a written plan |
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from a nonprofit corporation proposing to serve as a tenant legal |
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services office. |
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(c) The written plan must include: |
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(1) a budget for the office, including salaries; |
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(2) a description of each personnel position, |
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including the director of legal services position; |
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(3) the maximum allowable caseload for each attorney |
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employed by the office; |
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(4) provisions for personnel training; |
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(5) a description of anticipated overhead costs for |
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the office; and |
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(6) a policy to ensure that the director of legal |
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services and other attorneys employed by the office do not provide |
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representation to a tenant if doing so would create a conflict of |
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interest that has not been waived by the client. |
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(d) After considering each proposal for the office |
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submitted by a nonprofit corporation, the commissioners court shall |
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select a proposal that reasonably demonstrates that the office will |
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provide adequate quality representation for indigent tenants in the |
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county. |
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(e) The total cost of the proposal may not be the sole |
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consideration in selecting a proposal. |
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Sec. 162.004. DIRECTOR OF LEGAL SERVICES. A tenant legal |
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services office must be directed by a director of legal services |
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who: |
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(1) is a member of the State Bar of Texas; |
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(2) has practiced law for at least three years; and |
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(3) has substantial experience in the practice of |
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landlord-tenant law. |
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Sec. 162.005. FUNDING. A tenant legal services office is |
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entitled to receive funds for personnel costs and expenses incurred |
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in operating the office in amounts determined by the commissioners |
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court and paid out of the appropriate county fund. |
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Sec. 162.006. EMPLOYEES. A tenant legal services office |
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may employ attorneys and other personnel necessary to perform the |
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duties of the office as specified by the commissioners court. |
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Sec. 162.007. DENIAL OF REPRESENTATION. A tenant legal |
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services office may not represent a tenant if: |
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(1) a conflict of interest exists that has not been |
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waived by the client; |
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(2) the office has insufficient resources to provide |
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adequate representation for the tenant; |
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(3) the office is incapable of providing |
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representation for the tenant in accordance with the rules of |
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professional conduct; or |
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(4) the office shows other good cause for not |
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accepting the request for representation by a tenant. |
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Sec. 162.008. INVESTIGATION OF FINANCIAL CONDITION. A |
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tenant legal services office may investigate the financial |
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condition of a tenant who requests representation by the office. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |