| 1 | 1 | | S.B. No. 1448 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to actions in a justice court regarding the repair of |
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| 6 | 6 | | residential rental property. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 92.0563, Property Code, is amended by |
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| 9 | 9 | | amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (c) The justice, county, and district courts have |
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| 12 | 12 | | concurrent jurisdiction in [of] an action under Subsection (a) [of |
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| 13 | 13 | | this section except that the justice court may not order repairs |
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| 14 | 14 | | under Subdivision (1) of Subsection (a) of this section]. |
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| 15 | 15 | | (d) If a suit is filed in a justice court requesting relief |
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| 16 | 16 | | under Subsection (a), the justice court shall conduct a hearing on |
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| 17 | 17 | | the request not earlier than the sixth day after the date of service |
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| 18 | 18 | | of citation and not later than the 10th day after that date. |
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| 19 | 19 | | (e) A justice court may not award a judgment under this |
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| 20 | 20 | | section, including an order of repair, that exceeds $10,000, |
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| 21 | 21 | | excluding interest and costs of court. |
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| 22 | 22 | | (f) An appeal of a judgment of a justice court under this |
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| 23 | 23 | | section takes precedence in county court and may be held at any time |
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| 24 | 24 | | after the eighth day after the date the transcript is filed in the |
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| 25 | 25 | | county court. An owner of real property who files a notice of |
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| 26 | 26 | | appeal of a judgment of a justice court to the county court perfects |
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| 27 | 27 | | the owner's appeal and stays the effect of the judgment without the |
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| 28 | 28 | | necessity of posting an appeal bond. |
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| 29 | 29 | | SECTION 2. Not later than January 1, 2010, the Texas Supreme |
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| 30 | 30 | | Court shall adopt rules of civil procedure applicable to orders of |
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| 31 | 31 | | repair issued by a justice court under Subdivision (1), Subsection |
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| 32 | 32 | | (a), Section 92.0563, Property Code. |
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| 33 | 33 | | SECTION 3. Section 92.0563, Property Code, as amended by |
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| 34 | 34 | | this Act, applies only to an action filed on or after the effective |
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| 35 | 35 | | date of this Act. An action filed before the effective date of this |
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| 36 | 36 | | Act is governed by the law in effect immediately before that date, |
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| 37 | 37 | | and that law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 4. This Act takes effect January 1, 2010. |
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| 39 | 39 | | ______________________________ ______________________________ |
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| 40 | 40 | | President of the Senate Speaker of the House |
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| 41 | 41 | | I hereby certify that S.B. No. 1448 passed the Senate on |
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| 42 | 42 | | April 22, 2009, by the following vote: Yeas 29, Nays 1. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | I hereby certify that S.B. No. 1448 passed the House on |
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| 46 | 46 | | May 19, 2009, by the following vote: Yeas 145, Nays 0, one |
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| 47 | 47 | | present not voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | Approved: |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Date |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Governor |
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