LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 18, 2011 TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1111 by Hartnett (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.), Committee Report 2nd 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 that 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, TP, JB LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 18, 2011 TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE:HB1111 by Hartnett (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.), Committee Report 2nd House, Substituted TO: Honorable Chris Harris, Chair, Senate Committee on Jurisprudence FROM: John S O'Brien, Director, Legislative Budget Board IN RE: HB1111 by Hartnett (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.), Committee Report 2nd House, Substituted Honorable Chris Harris, Chair, Senate Committee on Jurisprudence Honorable Chris Harris, Chair, Senate Committee on Jurisprudence John S O'Brien, Director, Legislative Budget Board John S O'Brien, Director, Legislative Budget Board HB1111 by Hartnett (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.), Committee Report 2nd House, Substituted HB1111 by Hartnett (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.), Committee Report 2nd 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 that 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, TP, JB JOB, JT, TP, JB