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