By: Hartnett, et al. (Senate Sponsor - Harris) H.B. No. 1111
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on
Jurisprudence; May 19, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 19, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1111 By: Carona
A BILL TO BE ENTITLED
AN ACT
relating to a tenant's failure to pay rent during an appeal of an
eviction for nonpayment of rent after filing a pauper's affidavit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.004, Property Code, is amended to
read as follows:
Sec. 24.004. JURISDICTION. A justice court in the precinct
in which the real property is located has jurisdiction in eviction
suits. Eviction suits include forcible entry and detainer and
forcible detainer suits. A justice court has jurisdiction to issue
a writ of possession under Sections 24.0054(a), (a-2), and (a-3).
SECTION 2. Section 24.0053, Property Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) If a tenant files a pauper's affidavit in the period
prescribed by Section 24.0052 to appeal an eviction for nonpayment
of rent, the justice court shall provide to the tenant a written
notice at the time the pauper's affidavit is filed that contains the
following information in bold or conspicuous type:
(1) the amount of the initial deposit of rent stated in
the judgment that the tenant must pay into the justice court
registry;
(2) whether the initial deposit must be paid in cash,
cashier's check, or money order, and to whom the cashier's check or
money order, if applicable, must be made payable;
(3) the calendar date by which the initial deposit
must be paid into the justice court registry;
(4) for a court that closes before 5 p.m. on the date
specified by Subdivision (3), the time the court closes; and
(5) a statement that failure to pay the required
amount into the justice court registry by the date prescribed by
Subdivision (3) may result in the court issuing a writ of possession
without hearing.
(a-2) The date by which an initial deposit must be paid into
the justice court registry under Subsection (a-1)(3) must be within
five days of the date the tenant files the pauper's affidavit as
required by Rule 749b(1), Texas Rules of Civil Procedure.
SECTION 3. Section 24.0054, Property Code, is amended by
amending Subsections (a) and (e) and adding Subsections (a-1),
(a-2), (a-3), and (a-4) to read as follows:
(a) During an appeal of an eviction case for nonpayment of
rent, the justice court on request shall immediately issue a writ of
possession, without hearing, if:
(1) a tenant fails to pay the initial rent deposit into
the justice court registry within five days of the date the tenant
filed a pauper's affidavit as required by Rule 749b(1), Texas Rules
of Civil Procedure, and Section 24.0053;
(2) the justice court has provided the written notice
required by Section 24.0053(a-1); and
(3) the justice court has not yet forwarded the
transcript and original papers to the county court as provided by
Subsection (a-2).
(a-1) The sheriff or constable shall execute a writ of
possession under Subsection (a) in accordance with Sections
24.0061(d) through (h). The landlord shall bear the costs of
issuing and executing the writ of possession.
(a-2) The justice court shall forward the transcript and
original papers in an appeal of an eviction case to the county court
but may not forward the transcript and original papers before the
sixth day after the date the tenant files a pauper's affidavit,
except that, if the court confirms that the tenant has timely paid
the initial deposit of rent into the justice court registry in
accordance with Section 24.0053, the court may forward the
transcript and original papers immediately. If the tenant has not
timely paid the initial deposit into the justice court registry,
the justice court on request shall issue a writ of possession
notwithstanding the fact that the tenant has perfected an appeal by
filing a pauper's affidavit that has been approved by the court. The
justice court shall forward the transcript and original papers in
the case to the county court for trial de novo, notwithstanding the
fact that a writ of possession under this section has already been
issued.
(a-3) Notwithstanding Subsections (a) and (a-2), the
justice court may not issue a writ of possession if the tenant has
timely deposited the tenant's portion of the rent claimed by the
tenant under Section 24.0053(d).
(a-4) During an appeal of an eviction case for nonpayment of
rent, if a tenant fails to pay rent into the justice court or county
court registry as the rent becomes due under the rental agreement in
accordance with the Texas Rules of Civil Procedure and Section
24.0053, the landlord may file with the county court a sworn motion
that the tenant failed to pay rent as required. The landlord shall
notify the tenant of the motion and the hearing date.
(e) In a motion or hearing [in county court] under
Subsection (a-4), or in a motion to dismiss an appeal of an eviction
case in county court [(a)], the parties may represent themselves or
be represented by their authorized agents, who need not be
attorneys.
SECTION 4. The change in law made by this Act applies only
to an eviction suit filed on or after the effective date of this
Act. A suit filed before the effective date of this Act is governed
by the law in effect immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect January 1, 2012.
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