Texas 2009 - 81st Regular

Texas Senate Bill SB408

Filed
 
Out of Senate Committee
3/20/09  
Voted on by Senate
4/2/09  
Out of House Committee
5/6/09  
Voted on by House
5/20/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
6/1/09  

Caption

Relating to jurisdiction, venue, and appeals in certain matters, including the jurisdiction of and appeals from certain courts and administrative decisions and the appointment of counsel in certain appeals.

Impact

The changes proposed by SB408 would specifically affect the handling of civil cases, particularly those involving eviction suits. By allowing courts to appoint qualified attorneys to represent individuals appealing eviction judgments, the bill facilitates access to justice for vulnerable populations. This is particularly significant because eviction cases can have serious implications for individuals' housing stability and overall well-being. Additionally, it adjusts certain jurisdictional thresholds for appeals, hence streamlining the process and clarifying court responsibilities.

Summary

SB408 aims to amend several sections of the Civil Practice and Remedies Code and the Government Code relating to jurisdiction, venue, and appeals in various legal matters. A notable aspect of the bill is the introduction of provisions concerning the appointment of pro bono counsel in eviction appeals, thereby enhancing access to legal aid for individuals who may otherwise be unable to afford representation. This aims to strengthen the rights of tenants during eviction proceedings, promoting fairness in the legal process.

Contention

There has been discussion surrounding the potential for increased judicial resource demands due to the appointed counsel provisions. Opponents may argue that these changes place additional burdens on county courts which already face heavy caseloads. Additionally, stakeholders have expressed concerns over how such a system may be funded, emphasizing the need for adequate support systems for pro bono initiatives to ensure that the bill's promise of broader legal access translates into reality.

Companion Bills

TX HB600

Identical Relating to appeals from small claims courts.

Similar Bills

TX SR1089

Suspending limitations on conference committee jurisdiction, S.B. No. 408.

TX HR2968

Suspending limitations on conference committee jurisdiction, S.B. No. 408.

TX HB3086

Relating to jurisdiction of probate proceedings and proceedings regarding powers of attorney and certain trusts.

TX SB1462

Relating to the operation and administration of and practices and procedures related to proceedings in the judicial branch of state government.

TX HB3474

Relating to the operation and administration of and practices and procedures regarding proceedings in the judicial branch of state government, including the service of process and delivery of documents related to the proceedings, the administration of oaths, and the management of the Texas Indigent Defense Commission, and the composition of certain juvenile boards; establishing a civil penalty; increasing certain court costs; authorizing fees.

TX HB3153

Relating to the operation and administration of, and practice in courts in, the judicial branch of state government and the composition of certain juvenile boards; imposing a fee.