89R6006 SCR-D
 
  By: Button H.B. No. 32
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eviction from real property of certain persons not
  entitled to enter, occupy, or remain in possession of the premises.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 24.004, Property Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (b), a justice court in
  the precinct in which the real property is located or in a precinct
  in the county in which the real property is located that is adjacent
  to the precinct in which the real property is located has
  jurisdiction in eviction suits.  Eviction suits include forcible
  entry and detainer and forcible detainer suits. A justice court has
  jurisdiction to issue a writ of possession under Sections 24.0051,
  24.0054(a), and 24.0061 [(a-2), and (a-3)].
         (c)  A justice court in which a petition is filed under
  Section 24.00505 must adjudicate the right to actual possession of
  the premises.  The justice court may not adjudicate title to the
  premises. Counterclaims and the joinder of suits against third
  parties are not permitted in eviction suits.  This subsection does
  not preclude a claim that may not be asserted under this subsection
  from being brought in a separate suit in a court of proper
  jurisdiction.
         SECTION 2.  Chapter 24, Property Code, is amended by adding
  Section 24.0041 to read as follows:
         Sec. 24.0041.  AUTHORITY TO MODIFY OR SUSPEND EVICTION
  PROCEDURES. Notwithstanding any other law, including Section
  22.004, Government Code, only the legislature may modify or suspend
  procedures prescribed by this chapter.
         SECTION 3.  The heading to Section 24.005, Property Code, is
  amended to read as follows:
         Sec. 24.005.  NOTICE REQUIRED BEFORE [TO VACATE PRIOR TO]
  FILING CERTAIN EVICTION SUITS [SUIT].
         SECTION 4.  Section 24.005, Property Code, is amended by
  amending Subsections (a), (b), and (e) and adding Subsections (c-1)
  and (f-3) to read as follows:
         (a)  In a forcible detainer suit against a tenant whose right
  of possession is terminated based on nonpayment of rent [If the
  occupant is a tenant under a written lease or oral rental
  agreement], the landlord must give the [a] tenant [who defaults or
  holds over beyond the end of the rental term or renewal period] at
  least three days' written notice [to vacate the premises] before
  the landlord files a forcible detainer suit, unless the parties
  have contracted for a shorter or longer notice period in a written
  lease or agreement. Written notice under this section may be given
  in the form of a notice to pay rent or vacate or a notice to vacate. 
  A landlord who files a forcible detainer suit on grounds other than
  nonpayment of rent is not required to give presuit notice under this
  chapter [that the tenant is holding over beyond the end of the
  rental term or renewal period must also comply with the tenancy
  termination requirements of Section 91.001].
         (b)  [If the occupant is a tenant at will or by sufferance,
  the landlord must give the tenant at least three days' written
  notice to vacate before the landlord files a forcible detainer suit
  unless the parties have contracted for a shorter or longer notice
  period in a written lease or agreement.] If a building is purchased
  at a tax foreclosure sale or a trustee's foreclosure sale under a
  lien superior to the tenant's lease and the tenant timely pays rent
  and is not otherwise in default under the tenant's lease after
  foreclosure, the purchaser must give a residential tenant of the
  building at least 30 days' written notice to vacate if the purchaser
  chooses not to continue the lease. The tenant is considered to
  timely pay the rent under this subsection if, during the month of
  the foreclosure sale, the tenant pays the rent for that month to the
  landlord before receiving any notice that a foreclosure sale is
  scheduled during the month or pays the rent for that month to the
  foreclosing lienholder or the purchaser at foreclosure not later
  than the fifth day after the date of receipt of a written notice of
  the name and address of the purchaser that requests payment. Before
  a foreclosure sale, a foreclosing lienholder may give written
  notice to a tenant stating that a foreclosure notice has been given
  to the landlord or owner of the property and specifying the date of
  the foreclosure.
         (c-1)  If an applicable federal law or rule requires a
  landlord to give a tenant entitled to presuit notice under this
  section a longer presuit notice period than is required by this
  section, the notice period under this section runs concurrently
  with the notice period prescribed by the federal law.
         (e)  If the lease or applicable law requires a [the] landlord
  to give a tenant entitled to presuit notice under this section an
  opportunity to respond to a notice of proposed eviction before
  filing an eviction suit:
               (1)  the notice period in a notice to pay rent or vacate
  or[, a] notice to vacate under Subsection (a) may, at the landlord's
  discretion, run concurrently with [not be given until] the period
  provided for the tenant to respond to the notice of proposed
  eviction; and
               (2)  the notice to pay rent or vacate or notice to
  vacate may include the required opportunity to respond to the
  notice of proposed eviction [notice has expired].
         (f-3)  A notice required by this section must be delivered:
               (1)  in any manner the parties agree to in writing; or
               (2)  if no agreement is made in writing:
                     (A)  in any other manner in which the tenant has
  communicated in writing with the landlord; or
                     (B)  if the tenant has not communicated in writing
  with the landlord, in a manner reasonably expected to provide
  actual notice.
         SECTION 5.  Chapter 24, Property Code, is amended by adding
  Section 24.00505 to read as follows:
         Sec. 24.00505.  PETITION. (a)  To initiate an eviction suit,
  a sworn petition must be filed with the court.  The petition must
  include:
               (1)  the name of the plaintiff;
               (2)  the name, address, telephone number, and e-mail
  address, if any, of the plaintiff's attorney, if applicable, or the
  address, telephone number, and e-mail address, if any, of the
  plaintiff;
               (3)  the name, address, and telephone number, if known,
  of the defendant or, if the defendant is not known, a statement that
  the plaintiff does not know the name of the defendant;
               (4)  a description, including the address, if any, of
  the premises of which the plaintiff seeks possession;
               (5)  a description of the facts and the grounds for
  eviction;
               (6)  if required, a description of when and how the
  notice to pay rent or vacate or notice to vacate was delivered;
               (7)  the amount of money, if any, the plaintiff seeks;
               (8)  if unpaid rent is sought, the amount of the monthly
  rent, when the monthly rent is due, and the total amount of rent
  unpaid at the time of filing;
               (9)  a statement that attorney's fees are being sought,
  if applicable; and
               (10)  a statement consenting to e-mail service and
  providing e-mail contact information.
         (b)  The court may not:
               (1)  require content in the petition other than content
  required by this section; or
               (2)  dismiss an eviction suit on the basis that a
  petition is improper if the petition:
                     (A)  meets the requirements of this section; or
                     (B)  can be amended to meet the requirements of
  this section.
         SECTION 6.  Section 24.0051, Property Code, is amended to
  read as follows:
         Sec. 24.0051.  PROCEDURES APPLICABLE IN EVICTION SUIT;
  RECOVERY OF [TO EVICT AND RECOVER] UNPAID RENT. (a)  In a suit filed
  in justice court in which the plaintiff [landlord] files a sworn
  statement seeking judgment against a defendant [tenant] for
  possession of the premises and unpaid rent, personal service on the
  defendant [tenant] or substituted service on the defendant [tenant]
  under the [Rule 742a,] Texas Rules of Civil Procedure[,] is
  procedurally sufficient to support a default judgment for
  possession of the premises and unpaid rent.
         (b)  A plaintiff [landlord] may recover unpaid rent under
  this section regardless of whether the defendant [tenant] vacated
  the premises after the date the plaintiff [landlord] filed the
  sworn statement and before the date the court renders judgment.
         (c)  In a suit to recover possession of the premises, whether
  or not unpaid rent is claimed, the citation [required by Rule 739,
  Texas Rules of Civil Procedure,] must include the following notice
  to the defendant:
  FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING
  ENTERED AGAINST YOU.
         (d)  In a suit described by Subsection (c), the citation
  [required by Rule 739, Texas Rules of Civil Procedure,] must
  include the following notice to the defendant on the first page of
  the citation in English and Spanish and in conspicuous bold print:
  SUIT TO EVICT
         THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A PERSON
  [TENANT] WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL
  RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING
  THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET
  SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.  
  CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED
  HELP LOCATING AN ATTORNEY.  IF YOU CANNOT AFFORD TO HIRE AN
  ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
  ASSISTANCE.
         (e)  An eviction suit may be served by:
               (1)  a sheriff or constable, including a deputy sheriff
  or deputy constable;
               (2)  any other law enforcement officer, including an
  off-duty officer retained by the plaintiff for that purpose; or
               (3)  a process server authorized to serve other civil
  process in this state.
         (f)  The court:
               (1)  shall hold the trial of an eviction suit on a date
  that is not earlier than the 10th day or later than the 21st day
  after the date the petition is filed; and
               (2)  may not hold the trial on a date that is earlier
  than the third day after the date the defendant is served with the
  petition.
         SECTION 7.  Chapter 24, Property Code, is amended by adding
  Sections 24.005105, 24.005106, and 24.005107 to read as follows:
         Sec. 24.005105.  ELECTRONIC PROCEEDINGS. A justice court
  may allow or require a participant in an eviction suit to appear at,
  and a judge may hold, a court proceeding in the suit by
  videoconference, teleconference, or other available electronic
  means.  A judge holding a court proceeding under this section by
  videoconference, teleconference, or other available electronic
  means is not required to conduct the court proceeding from the
  judge's office.
         Sec. 24.005106.  SUMMARY DISPOSITION AND TRIAL. (a)  A
  plaintiff that files a sworn petition under Section 24.00505 may
  include with the petition a sworn motion for summary disposition
  without trial.  The motion must set out all supporting facts, and
  documents on which the motion relies must be attached.  If the
  motion shows that there are no genuinely disputed facts that would
  prevent a judgment in favor of the plaintiff, the court shall, not
  later than the 10th day after the date the plaintiff files the
  petition and motion, enter judgment in favor of the plaintiff
  without a trial unless:
               (1)  not later than the third day after the date the
  defendant is served with the plaintiff's sworn petition, the
  defendant files a sworn written response setting out all supporting
  facts and attaching all documents on which the response relies; and
               (2)  the justice court determines that, based on the
  plaintiff's sworn petition and the defendant's sworn response,
  there are genuinely disputed facts that would prevent a judgment in
  favor of the plaintiff.
         (b)  The justice court:
               (1)  may enter judgment for the plaintiff regardless of
  the defendant's sworn response if the response does not show there
  is a genuinely disputed fact that would prevent judgment in favor of
  the plaintiff; and
               (2)  may not consider a response filed by the defendant
  later than the third day after the date the defendant was served
  with the plaintiff's sworn petition and motion.
         (c)  If the justice court determines that there are genuinely
  disputed facts that would prevent a judgment in favor of the
  plaintiff, the justice court shall set a trial date that is not
  earlier than the 10th day and not later than the 21st day after the
  date the petition and motion are filed by the plaintiff.
         (d)  A writ of possession issued after entry of judgment in
  favor of the plaintiff on summary disposition under this section
  may not be executed before the fourth day after the date the
  defendant is served with the petition.
         Sec. 24.005107.  APPEAL TO COUNTY COURT. (a)  A party may
  appeal the judgment of a justice court in an eviction suit by filing
  a notice of appeal and a bond, cash deposit, or statement of
  inability to afford payment of court costs with the justice court
  not later than the fifth day after the date the judgment is signed.  
  A defendant who files a notice of appeal must affirm in the notice,
  under penalty of perjury, the defendant's good faith belief that
  the defendant has a meritorious defense and that the appeal is not
  for the purpose of delay.  An appeal is perfected when a notice of
  appeal and a bond, cash deposit, or statement of inability to afford
  payment of court costs are timely filed with the justice court in
  accordance with this section. 
         (b)  The justice court shall forward the transcript and
  original papers in an appeal of an eviction case to the county court
  but may not forward the transcript and original papers before the
  sixth day after the date the defendant files a notice of appeal,
  except that, if the court confirms that the defendant has timely
  paid the initial rent payment into the justice court registry in
  accordance with Section 24.0053, the court may forward the
  transcript and original papers immediately.
         (c)  The county court shall hold a trial not later than the
  21st day after the date the transcript and original papers are
  delivered to the county court.
         SECTION 8.  Section 24.00511(a), Property Code, is amended
  to read as follows:
         (a)  In a residential eviction suit [for nonpayment of rent],
  the justice court shall state in the court's judgment the amount of
  the appeal bond, taking into consideration the money required to be
  paid into the court registry under Section 24.0053.
         SECTION 9.  Sections 24.00512(f) and (g), Property Code, are
  amended to read as follows:
         (f)  If an appeal of a decision disapproving the appeal bond
  is filed, the justice court shall transmit to the county court the
  contest to the appeal bond and all relevant documents.  The county
  court shall docket the appeal, schedule a hearing to be held not
  later than the fifth day after the date the appeal is docketed,
  notify the parties and the surety of the hearing time and date, and
  hear the contest de novo.  The failure of the county court to hold a
  timely hearing is not grounds for approval or denial of the appeal.  
  A writ of possession may not be issued before the county court
  issues a final decision on the appeal bond, except as provided by
  Section 24.0054.
         (g)  After the contest is heard by the county court, the
  county clerk shall transmit the transcript and records of the case
  to the justice court.  If the county court disapproves the appeal
  bond, the party may, not later than the fifth day after the date the
  court disapproves the appeal bond, perfect the appeal of the
  judgment on the eviction suit by making a cash deposit in the
  justice court in an amount determined by the county court or by
  filing a sworn statement of inability to pay with the justice court
  pursuant to the Texas Rules of Civil Procedure.  If the defendant
  [tenant] is the appealing party and a cash deposit in the required
  amount is not timely made or a sworn statement of inability to pay
  is not timely filed, the judgment of the justice court becomes final
  and a writ of possession and other processes to enforce the judgment
  must be issued on the payment of the required fee.  If the plaintiff
  [landlord] is the appealing party and a cash deposit is not timely
  made or a sworn statement of inability to pay is not timely filed,
  the judgment of the justice court becomes final.  If the appeal bond
  is approved by the county court, the court shall transmit the
  transcript and other records of the case to the justice court, and
  the justice court shall proceed as if the appeal bond was originally
  approved.
         SECTION 10.  Section 24.0052, Property Code, is amended to
  read as follows:
         Sec. 24.0052.  DEFENDANT [TENANT] APPEAL ON PAUPER'S
  AFFIDAVIT. (a)  If a defendant [tenant] in a residential eviction
  suit is unable to pay the costs of appeal or file an appeal bond as
  required by the Texas Rules of Civil Procedure, the defendant
  [tenant] may appeal the judgment of the justice court by filing with
  the justice court, not later than the fifth day after the date the
  judgment is signed, a pauper's affidavit sworn before the clerk of
  the justice court or a notary public that states that the defendant
  [tenant] is unable to pay the costs of appeal or file an appeal
  bond.  The affidavit must contain the following information:
               (1)  the defendant's [tenant's] identity;
               (2)  the nature and amount of the defendant's
  [tenant's] employment income;
               (3)  the income of the defendant's [tenant's] spouse,
  if applicable and available to the defendant [tenant];
               (4)  the nature and amount of any governmental
  entitlement income of the defendant [tenant];
               (5)  all other income of the defendant [tenant];
               (6)  the amount of available cash and funds available
  in savings or checking accounts of the defendant [tenant];
               (7)  real and personal property owned by the defendant
  [tenant], other than household furnishings, clothes, tools of a
  trade, or personal effects;
               (8)  the defendant's [tenant's] debts and monthly
  expenses; and
               (9)  the number and age of the defendant's [tenant's]
  dependents and where those dependents reside.
         (b)  The justice court shall make available an affidavit form
  that a person may use to comply with the requirements of Subsection
  (a).
         (c)  The justice court shall promptly notify the plaintiff
  [landlord] if a pauper's affidavit is filed by the defendant
  [tenant].
         (d)  A plaintiff [landlord] may contest a pauper's affidavit
  on or before the fifth day after the date the affidavit is filed.  If
  the plaintiff [landlord] contests the affidavit, the justice court
  shall notify the parties and hold a hearing to determine whether the
  defendant [tenant] is unable to pay the costs of appeal or file an
  appeal bond.  The hearing shall be held not later than the fifth day
  after the date the plaintiff [landlord] notifies the court clerk of
  the plaintiff's [landlord's] contest.  At the hearing, the
  defendant [tenant] has the burden to prove by competent evidence,
  including documents or credible testimony of the defendant [tenant]
  or others, that the defendant [tenant] is unable to pay the costs of
  appeal or file an appeal bond.
         (e)  If the justice court approves the pauper's affidavit of
  a defendant [tenant], the defendant [tenant] is not required to pay
  the county court filing fee or file an additional affidavit in the
  county court under Subsection (a).
         SECTION 11.  Sections 24.0053(a), (a-1), (a-2), (a-3), (b),
  (c), (d), and (e), Property Code, are amended to read as follows:
         (a)  If the justice court enters judgment for the plaintiff
  [landlord] in a residential eviction case [based on nonpayment of
  rent], the court shall determine the amount of rent to be paid each
  rental pay period during the pendency of any appeal and shall note
  that amount in the judgment.  If a portion of the rent is payable by
  a government agency, the court shall determine and note in the
  judgment the portion of the rent to be paid by the government agency
  and the portion to be paid by the defendant [tenant].  The court's
  determination shall be in accordance with the terms of the rental
  agreement and applicable laws and regulations.  If there is no
  rental agreement, the court shall determine:
               (1)  the rental pay period; and
               (2)  the amount of rent to be paid by the defendant in
  each rental pay period, which must be the greater of:
                     (A)  $500; or
                     (B)  the fair market rent, if determined by the
  court. [This subsection does not require or prohibit payment of
  rent into the court registry or directly to the landlord during the
  pendency of an appeal of an eviction case based on grounds other
  than nonpayment of rent.]
         (a-1)  If [In an eviction suit for nonpayment of rent, if] a
  defendant [tenant] files an appeal of a justice court's judgment in
  an eviction suit [a pauper's affidavit in the period prescribed by
  Section 24.0052 or an appeal bond pursuant to the Texas Rules of
  Civil Procedure], the justice court shall provide to the defendant
  [tenant] a written notice at the time the [pauper's affidavit or]
  appeal [bond] is filed that contains the following information in
  bold or conspicuous type:
               (1)  the amount of [the initial deposit of] rent stated
  in the judgment that the defendant [tenant] must pay into the
  justice court or county court registry, as applicable, during the
  pendency of the appeal;
               (2)  whether the rent [initial deposit] must be paid in
  cash, cashier's check, or money order, and to whom the cashier's
  check or money order, if applicable, must be made payable;
               (3)  the calendar date by which the rent [initial
  deposit] must be paid into the justice court or county court
  registry, as applicable;
               (4)  for a court that closes before 5 p.m. on the date
  specified by Subdivision (3), the time the court closes; and
               (5)  a statement that failure to pay the required
  amount into the justice court or county court registry, as
  applicable,  by the date prescribed by Subdivision (3) may result in
  the justice court or county court issuing a writ of possession
  without a hearing.
         (a-2)  The defendant shall:
               (1)  not later than the fifth day after the date the
  defendant files a notice of appeal, pay rent for one rental pay
  period into the justice court registry; and
               (2)  on or before the beginning of each rental pay
  period during the pendency of the appeal, pay rent for one rental
  pay period into the justice court or county court registry, as
  applicable, according to the court in which the case is pending at
  the time of payment [The date by which an initial deposit must be
  paid into the justice court registry under Subsection (a-1)(3) must
  be within five days of the date the tenant files the pauper's
  affidavit as required by the Texas Rules of Civil Procedure].
         (a-3)  The justice court or county court, as applicable,
  shall disburse rent paid into the justice court or county court
  registry to the plaintiff on request at any time during or after the
  pendency of the appeal [If a tenant files an appeal bond to appeal
  an eviction for nonpayment of rent, the tenant must, not later than
  the fifth day after the date the tenant filed the appeal bond, pay
  into the justice court registry the amount of rent to be paid in one
  rental pay period as determined by the court under Subsection (a).  
  If the tenant fails to timely pay that amount into the justice court
  registry and the transcript has not yet been transmitted to the
  county court, the plaintiff may request a writ of possession.  On
  request and payment of the applicable fee, the justice court shall
  issue the writ of possession immediately and without a hearing.  
  Regardless of whether a writ of possession is issued, the justice
  court shall transmit the transcript and appeal documents to the
  county court for trial de novo on issues relating to possession,
  rent, or attorney's fees].
         (b)  [If an eviction case is based on nonpayment of rent and
  the tenant appeals by filing a pauper's affidavit, the tenant shall
  pay the rent, as it becomes due, into the justice court or the
  county court registry, as applicable, during the pendency of the
  appeal, in accordance with the Texas Rules of Civil Procedure and
  Subsection (a).] If a government agency is responsible for all or a
  portion of the rent under an agreement with the plaintiff
  [landlord], the defendant [tenant] shall pay only that portion of
  the rent determined by the justice court under Subsection (a) to be
  paid by the defendant [tenant] during appeal, subject to either
  party's right to contest that determination under Subsection (c).
         (c)  If [an eviction case is based on nonpayment of rent and]
  the defendant's [tenant's] rent during the rental agreement term
  has been paid wholly or partly by a government agency, either party
  may contest the portion of the rent that the justice court
  determines must be paid into the county court registry by the
  defendant [tenant] under this section.  The contest must be filed on
  or before the fifth day after the date the justice signs the
  judgment.  If a contest is filed, not later than the fifth day after
  the date the contest is filed the justice court shall notify the
  parties and hold a hearing to determine the amount owed by the
  defendant [tenant] in accordance with the terms of the rental
  agreement and applicable laws and regulations.  After hearing the
  evidence, the justice court shall determine the portion of the rent
  that must be paid by the defendant [tenant] under this section.
         (d)  [If the tenant objects to the justice court's ruling
  under Subsection (c) on the portion of the rent to be paid by the
  tenant during appeal, the tenant shall be required to pay only the
  portion claimed by the tenant to be owed by the tenant until the
  issue is tried de novo along with the case on the merits in county
  court.] During the pendency of the appeal, either party may file a
  motion with the county court to reconsider the amount of the rent
  that must be paid by the defendant [tenant] into the registry of the
  court.
         (e)  If either party files a contest under Subsection (c) and
  the defendant [tenant] files a pauper's affidavit that is contested
  by the plaintiff [landlord] under Section 24.0052(d), the justice
  court shall hold the hearing on both contests at the same time.
         SECTION 12.  The heading to Section 24.0054, Property Code,
  is amended to read as follows:
         Sec. 24.0054.  DEFENDANT'S [TENANT'S] FAILURE TO PAY RENT
  DURING APPEAL.
         SECTION 13.  Section 24.0054, Property Code, is amended by
  amending Subsections (a), (a-1), (a-2), and (f) and adding
  Subsection (g) to read as follows:
         (a)  During an appeal of an eviction case [for nonpayment of
  rent], the justice court or county court, as applicable, on request
  shall immediately issue a writ of possession, without hearing, if[:
               [(1)]  a defendant [tenant] fails to pay [the initial]
  rent [deposit] into the appropriate [justice] court registry
  [within five days of the date the tenant filed a pauper's affidavit]
  as required by [Rule 749b(1), Texas Rules of Civil Procedure, and]
  Section 24.0053 and [;
               [(2)]  the justice court has provided the written
  notice required by Section 24.0053(a-1)[; and
               [(3)  the justice court has not yet forwarded the
  transcript and original papers to the county court as provided by
  Subsection (a-2)].
         (a-1)  The sheriff, the [or] constable, or another law
  enforcement officer shall execute a writ of possession under
  Subsection (a) in accordance with Sections 24.0061(d) through (h).  
  The plaintiff [landlord] shall bear the costs of issuing and
  executing the writ of possession.
         (a-2)  If the justice court issues a writ of possession under
  this section, the [The justice court shall forward the transcript
  and original papers in an appeal of an eviction case to the county
  court but may not forward the transcript and original papers before
  the sixth day after the date the tenant files a pauper's affidavit,
  except that, if the court confirms that the tenant has timely paid
  the initial deposit of rent into the justice court registry in
  accordance with Section 24.0053, the court may forward the
  transcript and original papers immediately.  If the tenant has not
  timely paid the initial deposit into the justice court registry,
  the justice court on request shall issue a writ of possession
  notwithstanding the fact that the tenant has perfected an appeal by
  filing a pauper's affidavit that has been approved by the court.  
  The] justice court shall forward the transcript and original papers
  in the eviction case to the county court for trial de novo to
  resolve any remaining issues in the case, such as rent or attorney's
  fees, notwithstanding the fact that the [a] writ [of possession
  under this section] has [already] been issued or executed.
         (f)  During the appeal of an eviction case, if a government
  agency is responsible for payment of a portion of the rent and does
  not pay that portion to the plaintiff [landlord] or into the justice
  court or county court registry, the plaintiff [landlord] may file a
  motion with the county court requesting that the defendant [tenant]
  be required to pay into the county court registry, as a condition of
  remaining in possession, the full amount of each rental period's
  rent, as it becomes due under the rental agreement.  After notice
  and hearing, the court shall grant the motion if the plaintiff
  [landlord] proves by credible evidence that:
               (1)  a portion of the rent is owed by a government
  agency;
               (2)  the portion of the rent owed by the government
  agency is unpaid;
               (3)  the plaintiff [landlord] did not cause wholly or
  partly the agency to cease making the payments; and
               (4)  the plaintiff [landlord] did not cause wholly or
  partly the agency to pay the wrong amount[; and
               [(5)  the landlord is not able to take reasonable
  action that will cause the agency to resume making the payments of
  its portion of the total rent due under the rental agreement].
         (g)  For the purpose of the county court's determination
  whether to grant the plaintiff's motion under Subsection (f), the
  county court may not consider the plaintiff's pursuit of the
  eviction process to be a cause of the agency ceasing to make the
  payments or paying the wrong amount.
         SECTION 14.  Sections 24.006(a), (b), and (c), Property
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (b), to be eligible to
  recover attorney's fees in an eviction suit, the person seeking to
  recover possession of a premises [a landlord] must give an occupant
  [a tenant] who is unlawfully retaining possession of the
  [landlord's] premises a written demand to vacate the premises. The
  demand must state that if the occupant [tenant] does not vacate the
  premises before the 11th day after the date of receipt of the notice
  and if the person seeking to recover possession of the premises
  [landlord] files suit, the person seeking to recover possession of
  the premises [landlord] may recover attorney's fees. The demand
  must be sent by registered mail or by certified mail, return receipt
  requested, at least 10 days before the date the suit is filed.
         (b)  If a person seeking to recover possession of the
  premises [the landlord] provides the occupant [tenant] notice under
  Subsection (a) or if the person is a landlord under a written lease
  that entitles the landlord to recover attorney's fees, the person
  [a prevailing landlord] is entitled to recover reasonable
  attorney's fees if the person prevails in the eviction suit [from
  the tenant].
         (c)  If a person seeking to recover possession of the
  premises is a [the] landlord under [provides the tenant notice
  under Subsection (a) or if] a written lease that entitles the
  landlord or the tenant to recover attorney's fees, the [prevailing]
  tenant is entitled to recover reasonable attorney's fees from the
  landlord if the tenant prevails in the eviction suit. A
  [prevailing] tenant is not required to give notice in order to
  recover attorney's fees under this subsection.
         SECTION 15.  Sections 24.0061(a), (b), (c), (d), (d-1), (e),
  (f), (h), and (i), Property Code, are amended to read as follows:
         (a)  A plaintiff [landlord] who prevails in an eviction suit
  is entitled to a judgment for possession of the premises and a writ
  of possession. In this chapter, "premises" means:
               (1)  a [the] unit that is occupied or rented; or
               (2)  [and] any outside area or facility:
                     (A)  that a [the] tenant is entitled to use under a
  written lease or oral rental agreement;
                     (B)[, or] that is held out for the use of tenants
  generally; or
                     (C)  that is occupied by or in the possession of
  the person against whom the eviction suit is filed.
         (b)  A writ of possession may not be issued before the sixth
  day after the date on which the judgment for possession is rendered
  unless a possession bond has been filed and approved under the Texas
  Rules of Civil Procedure [and judgment for possession is thereafter
  granted by default].  If judgment in favor of the plaintiff is
  entered by summary disposition under Section 24.005106, a writ of
  possession may not be issued before the day after the date of the
  judgment.  The writ of possession may be served by a sheriff,
  constable, or other law enforcement officer, including an off-duty
  law enforcement officer retained by the plaintiff for that purpose.
         (c)  The court shall notify a defendant [tenant] in writing
  of a default judgment for possession by sending a copy of the
  judgment to the premises by first class mail not later than 48 hours
  after the entry of the judgment.
         (d)  The writ of possession shall order the officer executing
  the writ to:
               (1)  post a written warning of at least 8-1/2 by 11
  inches on the exterior of the front door of the rental unit
  notifying the defendant [tenant] that the writ has been issued and
  that the writ will be executed on or after a specific date and time
  stated in the warning not sooner than 24 hours after the warning is
  posted; and
               (2)  when the writ is executed:
                     (A)  deliver possession of the premises to the
  plaintiff [landlord];
                     (B)  instruct the defendant [tenant] and all
  persons claiming under the defendant [tenant] to leave the premises
  immediately, and, if the persons fail to comply, physically remove
  them;
                     (C)  instruct the defendant [tenant] to remove or
  to allow the plaintiff [landlord], the plaintiff's [landlord's]
  representatives, or other persons acting under the officer's
  supervision to remove all personal property from the rental unit
  other than personal property claimed to be owned by the plaintiff
  [landlord]; and
                     (D)  place, or have an authorized person place,
  the removed personal property outside the rental unit at a nearby
  location, but not blocking a public sidewalk, passageway, or street
  and not while it is raining, sleeting, or snowing, except as
  provided by Subsection (d-1).
         (d-1)  A municipality may provide, without charge to the
  plaintiff [landlord] or to the owner of personal property removed
  from a rental unit under Subsection (d), a portable, closed
  container into which the removed personal property shall be placed
  by the officer executing the writ or by the authorized person.  The
  municipality may remove the container from the location near the
  rental unit and dispose of the contents by any lawful means if the
  owner of the removed personal property does not recover the
  property from the container within a reasonable time after the time
  the property is placed in the container.
         (e)  The writ of possession shall authorize the officer, at
  the officer's discretion, to engage the services of a bonded or
  insured warehouseman to remove and store, subject to applicable
  law, part or all of the property at no cost to the plaintiff
  [landlord] or the officer executing the writ.
         (f)  The officer may not require the plaintiff [landlord] to
  store the property.
         (h)  An officer [A sheriff or constable] may use reasonable
  force in executing a writ under this section.
         (i)  A plaintiff [landlord] is not liable for damages to the
  defendant [tenant] resulting from the enforcement of a judgment in
  favor of the plaintiff under this chapter including the execution
  of a writ of possession by an officer under this section.
         SECTION 16.  Sections 24.0062(a), (b), (d), (e), (g), and
  (i), Property Code, are amended to read as follows:
         (a)  If personal property is removed from a defendant's
  [tenant's] premises as the result of an action brought under this
  chapter and stored in a bonded or insured public warehouse, the
  warehouseman has a lien on the property to the extent of any
  reasonable storage and moving charges incurred by the warehouseman.
  The lien does not attach to any property until the property has been
  stored by the warehouseman.
         (b)  If property is to be removed and stored in a public
  warehouse under a writ of possession, the officer executing the
  writ shall, at the time of execution, deliver in person to the
  defendant [tenant], or by first class mail to the defendant's
  [tenant's] last known address not later than 72 hours after
  execution of the writ if the defendant [tenant] is not present, a
  written notice stating the complete address and telephone number of
  the location at which the property may be redeemed and stating that:
               (1)  the defendant's [tenant's] property is to be
  removed and stored by a public warehouseman under Section 24.0062
  of the Property Code;
               (2)  the defendant [tenant] may redeem any of the
  property, without payment of moving or storage charges, on demand
  during the time the warehouseman is removing the property from the
  defendant's [tenant's] premises and before the warehouseman
  permanently leaves the defendant's [tenant's] premises;
               (3)  within 30 days from the date of storage, the
  defendant [tenant] may redeem any of the property described by
  Section 24.0062(e), Property Code, on demand by the defendant
  [tenant] and on payment of the moving and storage charges
  reasonably attributable to the items being redeemed;
               (4)  after the 30-day period and before sale, the
  defendant [tenant] may redeem the property on demand by the
  defendant [tenant] and on payment of all moving and storage
  charges; and
               (5)  subject to the previously stated conditions, the
  warehouseman has a lien on the property to secure payment of moving
  and storage charges and may sell all the property to satisfy
  reasonable moving and storage charges after 30 days, subject to the
  requirements of Section 24.0062(j) of the Property Code.
         (d)  On demand by the defendant [tenant] during the time the
  warehouseman is removing the property from the defendant's
  [tenant's] premises and before the warehouseman permanently leaves
  the defendant's [tenant's] premises, the warehouseman shall return
  to the defendant [tenant] all property requested by the defendant
  [tenant], without charge.
         (e)  On demand by the defendant [tenant] within 30 days after
  the date the property is stored by the warehouseman and on payment
  by the defendant [tenant] of the moving and storage charges
  reasonably attributable to the items being redeemed, the
  warehouseman shall return to the defendant [tenant] at the
  warehouse the following property:
               (1)  wearing apparel;
               (2)  tools, apparatus, and books of a trade or
  profession;
               (3)  school books;
               (4)  a family library;
               (5)  family portraits and pictures;
               (6)  one couch, two living room chairs, and a dining
  table and chairs;
               (7)  beds and bedding;
               (8)  kitchen furniture and utensils;
               (9)  food and foodstuffs;
               (10)  medicine and medical supplies;
               (11)  one automobile and one truck;
               (12)  agricultural implements;
               (13)  children's toys not commonly used by adults;
               (14)  goods that the warehouseman or the warehouseman's
  agent knows are owned by a person other than the defendant [tenant]
  or an occupant of the residence;
               (15)  goods that the warehouseman or the warehouseman's
  agent knows are subject to a recorded chattel mortgage or financing
  agreement; and
               (16)  cash.
         (g)  On demand by the defendant [tenant] to the warehouseman
  after the 30-day period and before sale and on payment by the
  defendant [tenant] of all unpaid moving and storage charges on all
  the property, the warehouseman shall return all the previously
  unredeemed property to the defendant [tenant] at the warehouse.
         (i)  Before the sale of the property by the warehouseman, the
  defendant [tenant] may file suit in the justice court in which the
  eviction judgment was rendered, or in another court of competent
  jurisdiction in the county in which the rental premises are
  located, to recover the property described by Subsection (e) on the
  ground that the plaintiff [landlord] failed to return the property
  after timely demand and payment by the defendant [tenant], as
  provided by this section. Before sale, the defendant [tenant] may
  also file suit to recover all property moved or stored by the
  warehouseman on the ground that the amount of the warehouseman's
  moving or storage charges is not reasonable. All proceedings under
  this subsection have precedence over other matters on the court's
  docket. The justice court that issued the writ of possession has
  jurisdiction under this section regardless of the amount in
  controversy.
         SECTION 17.  Section 24.011, Property Code, is amended to
  read as follows:
         Sec. 24.011.  NONLAWYER REPRESENTATION. (a)  In an eviction
  suit [suits] in justice court [for nonpayment of rent or holding
  over beyond a rental term], the parties may represent themselves or
  be represented by their authorized agents, who need not be
  attorneys.  [In any eviction suit in justice court, an authorized
  agent requesting or obtaining a default judgment need not be an
  attorney.]
         (b)  In an appeal of an eviction suit for nonpayment of rent
  in a county or district court, an owner of a multifamily residential
  property may be represented by the owner's authorized agent, who
  need not be an attorney[, or, if the owner is a corporation or other
  entity, by an employee, owner, officer, or partner of the entity,
  who need not be an attorney].
         SECTION 18.  Chapter 24, Property Code, is amended by adding
  Section 24.012 to read as follows:
         Sec. 24.012.  MUNICIPAL OR COUNTY SUPPORT FOR TENANTS IN
  EVICTION PROCESS. (a)  A municipality or county that funds a legal
  aid service or organization to provide information, advice, or
  representation to eligible tenants in the eviction process shall
  provide an equal amount of funding to pay for relocation assistance
  for tenants. 
         (b)  Relocation assistance provided to a tenant under
  Subsection (a) must be in a sufficient amount to enable the tenant
  to move out of the premises from which the tenant is being evicted,
  including:
               (1)  the tenant's moving expenses; 
               (2)  a security deposit, if one is required; and
               (3)  one month's rent.
         SECTION 19.  The following provisions of the Property Code
  are repealed:
               (1)  Section 24.002(b);  
               (2)  Sections 24.005(c), (d), (f), (f-1), (f-2), (h),
  and (i);
               (3)  Section 24.0053(a-4); and
               (4)  Sections 24.0054(a-3), (a-4), (b), (c), (d), and
  (e).
         SECTION 20.  The changes in law made by this Act apply only
  to an eviction suit in which the petition is filed on or after the
  effective date of this Act.  An eviction suit in which the petition
  is filed before the effective date of this Act is governed by the
  law as it existed immediately before the effective date of this Act,
  and that law is continued in effect for that purpose.
         SECTION 21.  This Act takes effect September 1, 2025.