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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot program for the provision of free legal |
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representation to certain indigent tenants in eviction suits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.943, Government Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding Subsection (b), funds in the basic |
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civil legal services account may be used for the indigent tenant |
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eviction representation pilot program established under Section |
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2306.2591. The comptroller may pay money from the account for the |
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indigent tenant eviction representation pilot program at the |
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request of the Texas Department of Housing and Community Affairs. |
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This subsection expires January 1, 2026. |
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SECTION 2. Subchapter K, Chapter 2306, Government Code, is |
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amended by adding Section 2306.2591 to read as follows: |
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Sec. 2306.2591. INDIGENT TENANT EVICTION REPRESENTATION |
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PILOT PROGRAM. (a) In this section, "pilot program" means the |
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indigent tenant eviction representation pilot program established |
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under this section. |
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(b) For purposes of this section, an individual is indigent |
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if the individual's family income is at or below 80 percent of the |
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area median family income, adjusted for household size, as |
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determined annually by the United States Department of Housing and |
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Urban Development, for the area in which the individual resides. |
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(c) The indigent tenant eviction representation pilot |
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program is created in the department to provide legal |
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representation to indigent individuals in eviction suits filed by |
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landlords under Chapter 24, Property Code, or with respect to |
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prospective eviction suits under that chapter. |
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(d) An indigent individual is eligible to receive legal |
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representation provided by the pilot program if the individual is a |
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residential tenant in a county with a population of 3.3 million or |
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more and: |
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(1) has received a notice to vacate a premises under |
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Section 24.005, Property Code; |
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(2) has been served in an eviction suit under Chapter |
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24, Property Code; or |
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(3) has appealed the judgment of the justice court in a |
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suit described by Subdivision (2). |
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(e) The pilot program shall develop and maintain a list of |
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licensed attorneys to provide representation under the program. |
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(f) The department shall implement the pilot program using |
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money in the basic civil legal services account created in Section |
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51.943. |
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(g) The department shall make a reasonable effort to notify |
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eligible individuals that the pilot program is available. |
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(h) The department shall prepare a report detailing the |
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results of the pilot program and submit the report to the |
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legislature not later than December 31, 2025. |
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(i) This section expires January 1, 2026. |
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SECTION 3. Chapter 24, Property Code, is amended by adding |
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Section 24.0041 to read as follows: |
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Sec. 24.0041. APPOINTMENT OF ATTORNEY FOR CERTAIN TENANTS. |
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(a) On request, a justice court having jurisdiction of the eviction |
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suit or the prospective eviction suit shall appoint an attorney |
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from the list maintained by the indigent tenant eviction |
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representation pilot program under Section 2306.2591, Government |
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Code, to represent a tenant eligible for representation as |
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described by that section. |
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(b) This section expires January 1, 2026. |
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SECTION 4. (a) Not later than January 1, 2024, the Texas |
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Department of Housing and Community Affairs shall: |
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(1) adopt rules as necessary to implement Section |
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2306.2591, Government Code, as added by this Act; and |
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(2) develop the list of attorneys required under |
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Section 2306.2591(e), Government Code, as added by this Act. |
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(b) This section takes effect September 1, 2023. |
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SECTION 5. Except as otherwise provided by this Act, this |
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Act takes effect January 1, 2024. |