Texas House Bill HB2824

Texas 2009 - 81st Regular

• Out of House Committee: 5/6/09

Caption

Relating to appointment of counsel in appeals of certain eviction suits.

Impact

The impact of HB 2824 is significant, as it seeks to enhance the rights of tenants facing eviction by ensuring access to legal representation during the appeals process. The appointment of counsel is crucial for those who may not fully understand the legal complexities of eviction suits, particularly in helping them navigate the court system and advocate for their rights. This legislative change aims to improve outcomes for vulnerable populations, thereby addressing the issue of housing instability in Texas.

Summary

House Bill 2824 addresses the appointment of counsel in appeals of certain eviction suits in Texas. Specifically, the bill amends Chapter 24 of the Property Code to establish a procedure whereby a county court or county court at law must appoint legal counsel to represent a party in an eviction case if the party was in possession of the residence when the eviction lawsuit was initiated and has filed an appeal based on a pauper's affidavit. This provision is aimed at providing legal assistance to individuals who may lack the financial resources to secure representation in court, thereby promoting fairness in legal proceedings related to housing stability.

Contention

While HB 2824 generally received support for its intent to protect tenant rights, there may be points of contention regarding the implications for court resources and the burden on county budgets to cover attorney fees for appointed counsel. Some stakeholders may express concerns about the availability of legal resources or the potential for increased litigation as a result of expanded representation. Additionally, the law stipulates that the courts must provide written notice to parties regarding the right to counsel upon the perfection of appeal, which could lead to debates around how effectively this information is communicated and the timing of such notifications.