| 1 | 1 | | 81R21039 AJA-F |
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| 2 | 2 | | By: Naishtat H.B. No. 2824 |
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| 3 | 3 | | Substitute the following for H.B. No. 2824: |
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| 4 | 4 | | By: Elkins C.S.H.B. No. 2824 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to appointment of counsel in appeals of certain eviction |
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| 10 | 10 | | suits. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 24, Property Code, is amended by adding |
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| 13 | 13 | | Section 24.0071 to read as follows: |
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| 14 | 14 | | Sec. 24.0071. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. |
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| 15 | 15 | | (a) On a written application of any party to an eviction suit, the |
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| 16 | 16 | | county court or county court at law in which an appeal of the suit is |
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| 17 | 17 | | filed may appoint counsel to attend to the cause of a party who: |
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| 18 | 18 | | (1) was in possession of the residence at the time the |
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| 19 | 19 | | eviction suit was filed in the justice court; and |
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| 20 | 20 | | (2) has perfected the appeal on a pauper's affidavit |
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| 21 | 21 | | approved in accordance with Rule 749a, Texas Rules of Civil |
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| 22 | 22 | | Procedure. |
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| 23 | 23 | | (b) The appointed counsel shall represent the individual in |
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| 24 | 24 | | the proceedings of the suit in the county court or county court at |
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| 25 | 25 | | law. At the conclusion of those proceedings, the appointment |
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| 26 | 26 | | terminates. |
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| 27 | 27 | | (c) The court may terminate representation appointed under |
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| 28 | 28 | | this section for cause. |
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| 29 | 29 | | (d) Appointed counsel may not receive attorney's fees |
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| 30 | 30 | | unless the recovery of attorney's fees is provided for by contract, |
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| 31 | 31 | | statute, common law, court rules, or other regulations. The county |
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| 32 | 32 | | is not responsible for payment of attorney's fees to appointed |
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| 33 | 33 | | counsel. |
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| 34 | 34 | | (e) The court shall provide for a method of service of |
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| 35 | 35 | | written notice on the parties to an eviction suit of the right to |
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| 36 | 36 | | request an appointment of counsel on perfection of appeal on |
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| 37 | 37 | | approval of a pauper's affidavit. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to an eviction suit filed on or after the effective date of this |
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| 40 | 40 | | Act. A suit filed before the effective date of this Act is governed |
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| 41 | 41 | | by the law in effect immediately before that date, and that law is |
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| 42 | 42 | | continued in effect for that purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2009. |
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