S.B. No. 1448
AN ACT
relating to actions in a justice court regarding the repair of
residential rental property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.0563, Property Code, is amended by
amending Subsection (c) and adding Subsections (d), (e), and (f) to
read as follows:
(c) The justice, county, and district courts have
concurrent jurisdiction in [of] an action under Subsection (a) [of
this section except that the justice court may not order repairs
under Subdivision (1) of Subsection (a) of this section].
(d) If a suit is filed in a justice court requesting relief
under Subsection (a), the justice court shall conduct a hearing on
the request not earlier than the sixth day after the date of service
of citation and not later than the 10th day after that date.
(e) A justice court may not award a judgment under this
section, including an order of repair, that exceeds $10,000,
excluding interest and costs of court.
(f) An appeal of a judgment of a justice court under this
section takes precedence in county court and may be held at any time
after the eighth day after the date the transcript is filed in the
county court. An owner of real property who files a notice of
appeal of a judgment of a justice court to the county court perfects
the owner's appeal and stays the effect of the judgment without the
necessity of posting an appeal bond.
SECTION 2. Not later than January 1, 2010, the Texas Supreme
Court shall adopt rules of civil procedure applicable to orders of
repair issued by a justice court under Subdivision (1), Subsection
(a), Section 92.0563, Property Code.
SECTION 3. Section 92.0563, Property Code, as amended by
this Act, applies only to an action filed on or after the effective
date of this Act. An action 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 4. This Act takes effect January 1, 2010.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1448 passed the Senate on
April 22, 2009, by the following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1448 passed the House on
May 19, 2009, by the following vote: Yeas 145, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor