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A BILL TO BE ENTITLED
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AN ACT
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relating to the eviction from real property of certain persons not |
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entitled to enter, occupy, or remain in possession of the premises. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.004, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (b), a justice court in |
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the precinct in which the real property is located or in a precinct |
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in the county in which the real property is located that is adjacent |
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to the precinct in which the real property is located has |
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jurisdiction in eviction suits. Eviction suits include forcible |
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entry and detainer and forcible detainer suits. A justice court has |
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jurisdiction to issue a writ of possession under Sections 24.0051, |
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24.0054(a), and 24.0061 [(a-2), and (a-3)]. |
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(c) A justice court in which a petition is filed under |
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Section 24.00505 must adjudicate the right to actual possession of |
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the premises. The justice court may not adjudicate title to the |
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premises. Counterclaims and the joinder of suits against third |
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parties are not permitted in eviction suits. This subsection does |
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not preclude a claim that may not be asserted under this subsection |
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from being brought in a separate suit in a court of proper |
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jurisdiction. |
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SECTION 2. 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. AUTHORITY TO MODIFY OR SUSPEND EVICTION |
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PROCEDURES. Notwithstanding any other law, including Section |
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22.004, Government Code, only the legislature may modify or suspend |
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procedures prescribed by this chapter. |
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SECTION 3. The heading to Section 24.005, Property Code, is |
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amended to read as follows: |
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Sec. 24.005. NOTICE REQUIRED BEFORE [TO VACATE PRIOR TO] |
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FILING CERTAIN EVICTION SUITS [SUIT]. |
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SECTION 4. Section 24.005, Property Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsections (c-1) |
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and (f-3) to read as follows: |
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(a) In a forcible detainer suit against a tenant whose right |
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of possession is terminated based on nonpayment of rent [If the |
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occupant is a tenant under a written lease or oral rental |
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agreement], the landlord must give the [a] tenant [who defaults or |
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holds over beyond the end of the rental term or renewal period] at |
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least three days' written notice [to vacate the premises] before |
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the landlord files a forcible detainer suit, unless the parties |
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have contracted for a shorter or longer notice period in a written |
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lease or agreement. Written notice under this section may be given |
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in the form of a notice to pay rent or vacate or a notice to vacate. |
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A landlord who files a forcible detainer suit on grounds other than |
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nonpayment of rent is not required to give presuit notice under this |
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chapter [that the tenant is holding over beyond the end of the |
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rental term or renewal period must also comply with the tenancy |
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termination requirements of Section 91.001]. |
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(b) [If the occupant is a tenant at will or by sufferance, |
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the landlord must give the tenant at least three days' written |
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notice to vacate before the landlord files a forcible detainer suit |
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unless the parties have contracted for a shorter or longer notice |
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period in a written lease or agreement.] If a building is purchased |
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at a tax foreclosure sale or a trustee's foreclosure sale under a |
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lien superior to the tenant's lease and the tenant timely pays rent |
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and is not otherwise in default under the tenant's lease after |
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foreclosure, the purchaser must give a residential tenant of the |
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building at least 30 days' written notice to vacate if the purchaser |
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chooses not to continue the lease. The tenant is considered to |
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timely pay the rent under this subsection if, during the month of |
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the foreclosure sale, the tenant pays the rent for that month to the |
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landlord before receiving any notice that a foreclosure sale is |
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scheduled during the month or pays the rent for that month to the |
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foreclosing lienholder or the purchaser at foreclosure not later |
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than the fifth day after the date of receipt of a written notice of |
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the name and address of the purchaser that requests payment. Before |
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a foreclosure sale, a foreclosing lienholder may give written |
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notice to a tenant stating that a foreclosure notice has been given |
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to the landlord or owner of the property and specifying the date of |
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the foreclosure. |
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(c-1) If an applicable federal law or rule requires a |
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landlord to give a tenant entitled to presuit notice under this |
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section a longer presuit notice period than is required by this |
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section, the notice period under this section runs concurrently |
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with the notice period prescribed by the federal law. |
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(e) If the lease or applicable law requires a [the] landlord |
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to give a tenant entitled to presuit notice under this section an |
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opportunity to respond to a notice of proposed eviction before |
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filing an eviction suit: |
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(1) the notice period in a notice to pay rent or vacate |
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or[, a] notice to vacate under Subsection (a) may, at the landlord's |
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discretion, run concurrently with [not be given until] the period |
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provided for the tenant to respond to the notice of proposed |
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eviction; and |
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(2) the notice to pay rent or vacate or notice to |
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vacate may include the required opportunity to respond to the |
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notice of proposed eviction [notice has expired]. |
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(f-3) A notice required by this section must be delivered: |
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(1) in any manner the parties agree to in writing; or |
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(2) if no agreement is made in writing: |
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(A) in any other manner in which the tenant has |
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communicated in writing with the landlord; or |
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(B) if the tenant has not communicated in writing |
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with the landlord, in a manner reasonably expected to provide |
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actual notice. |
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SECTION 5. Chapter 24, Property Code, is amended by adding |
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Section 24.00505 to read as follows: |
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Sec. 24.00505. PETITION. (a) To initiate an eviction suit, |
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a sworn petition must be filed with the court. The petition must |
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include: |
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(1) the name of the plaintiff; |
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(2) the name, address, telephone number, and e-mail |
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address, if any, of the plaintiff's attorney, if applicable, or the |
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address, telephone number, and e-mail address, if any, of the |
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plaintiff; |
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(3) the name, address, and telephone number, if known, |
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of the defendant or, if the defendant is not known, a statement that |
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the plaintiff does not know the name of the defendant; |
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(4) a description, including the address, if any, of |
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the premises of which the plaintiff seeks possession; |
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(5) a description of the facts and the grounds for |
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eviction; |
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(6) if required, a description of when and how the |
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notice to pay rent or vacate or notice to vacate was delivered; |
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(7) the amount of money, if any, the plaintiff seeks; |
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(8) if unpaid rent is sought, the amount of the monthly |
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rent, when the monthly rent is due, and the total amount of rent |
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unpaid at the time of filing; |
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(9) a statement that attorney's fees are being sought, |
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if applicable; and |
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(10) a statement consenting to e-mail service and |
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providing e-mail contact information. |
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(b) The court may not: |
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(1) require content in the petition other than content |
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required by this section; or |
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(2) dismiss an eviction suit on the basis that a |
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petition is improper if the petition: |
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(A) meets the requirements of this section; or |
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(B) can be amended to meet the requirements of |
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this section. |
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SECTION 6. Section 24.0051, Property Code, is amended to |
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read as follows: |
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Sec. 24.0051. PROCEDURES APPLICABLE IN EVICTION SUIT; |
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RECOVERY OF [TO EVICT AND RECOVER] UNPAID RENT. (a) In a suit filed |
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in justice court in which the plaintiff [landlord] files a sworn |
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statement seeking judgment against a defendant [tenant] for |
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possession of the premises and unpaid rent, personal service on the |
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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. |
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(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 |
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sworn statement and before the date the court renders judgment. |
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(c) In a suit to recover possession of the premises, whether |
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or not unpaid rent is claimed, the citation [required by Rule 739, |
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Texas Rules of Civil Procedure,] must include the following notice |
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to the defendant: |
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FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING |
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ENTERED AGAINST YOU. |
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(d) In a suit described by Subsection (c), the citation |
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[required by Rule 739, Texas Rules of Civil Procedure,] must |
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include the following notice to the defendant on the first page of |
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the citation in English and Spanish and in conspicuous bold print: |
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SUIT TO EVICT |
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THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A PERSON |
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[TENANT] WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL |
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RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING |
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THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET |
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SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE. |
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CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED |
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HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN |
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ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL |
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ASSISTANCE. |
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(e) An eviction suit may be served by: |
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(1) a sheriff or constable, including a deputy sheriff |
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or deputy constable; |
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(2) any other law enforcement officer, including an |
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off-duty officer retained by the plaintiff for that purpose; or |
|
(3) a process server authorized to serve other civil |
|
process in this state. |
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(f) The court: |
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(1) shall hold the trial of an eviction suit on a date |
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that is not earlier than the 10th day or later than the 21st day |
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after the date the petition is filed; and |
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(2) may not hold the trial on a date that is earlier |
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than the third day after the date the defendant is served with the |
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petition. |
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SECTION 7. Chapter 24, Property Code, is amended by adding |
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Sections 24.005105, 24.005106, and 24.005107 to read as follows: |
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Sec. 24.005105. ELECTRONIC PROCEEDINGS. A justice court |
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may allow or require a participant in an eviction suit to appear at, |
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and a judge may hold, a court proceeding in the suit by |
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videoconference, teleconference, or other available electronic |
|
means. A judge holding a court proceeding under this section by |
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videoconference, teleconference, or other available electronic |
|
means is not required to conduct the court proceeding from the |
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judge's office. |
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Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) A |
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plaintiff that files a sworn petition under Section 24.00505 may |
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include with the petition a sworn motion for summary disposition |
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without trial. The motion must set out all supporting facts, and |
|
documents on which the motion relies must be attached. If the |
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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 |
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petition and motion, enter judgment in favor of the plaintiff |
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without a trial unless: |
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(1) not later than the third day after the date the |
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defendant is served with the plaintiff's sworn petition, the |
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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 |
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plaintiff's sworn petition and the defendant's sworn response, |
|
there are genuinely disputed facts that would prevent a judgment in |
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favor of the plaintiff. |
|
(b) The justice court: |
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(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 |
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defendant is served with the petition. |
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Sec. 24.005107. APPEAL TO COUNTY COURT. (a) A party may |
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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. |