LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 12, 2011 TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1111 by Hartnett (relating to a tenants failure to pay rent during an appeal of an eviction for nonpayment of rent after filing a paupers affidavit.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Property Code to establish procedures for appealing a residential eviction suit for failure to pay rent if a tenant files a paupers affidavit. A justice court would be required to issue a writ of possession, without hearing, on the filing of a notice of default by the appellee and may be executed immediately. A sheriff or constable would be required to execute the writ as soon as practicable. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, JT, JB LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION April 12, 2011 TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1111 by Hartnett (relating to a tenants failure to pay rent during an appeal of an eviction for nonpayment of rent after filing a paupers affidavit.), Committee Report 1st House, Substituted TO: Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB1111 by Hartnett (relating to a tenants failure to pay rent during an appeal of an eviction for nonpayment of rent after filing a paupers affidavit.), Committee Report 1st House, Substituted Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence Honorable Jim Jackson, Chair, House Committee on Judiciary & Civil Jurisprudence John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB1111 by Hartnett (relating to a tenants failure to pay rent during an appeal of an eviction for nonpayment of rent after filing a paupers affidavit.), Committee Report 1st House, Substituted HB1111 by Hartnett (relating to a tenants failure to pay rent during an appeal of an eviction for nonpayment of rent after filing a paupers affidavit.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend the Property Code to establish procedures for appealing a residential eviction suit for failure to pay rent if a tenant files a paupers affidavit. A justice court would be required to issue a writ of possession, without hearing, on the filing of a notice of default by the appellee and may be executed immediately. A sheriff or constable would be required to execute the writ as soon as practicable. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: LBB Staff: JOB, JT, JB JOB, JT, JB