89R6006 SCR-D
	By: Bettencourt, et al.	S.B. No. 38

	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.