84R3306 LEH-F
By: Clardy H.B. No. 1334
A BILL TO BE ENTITLED
AN ACT
relating to the appeal of a residential eviction suit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 24, Property Code, is amended by adding
Section 24.00521 to read as follows:
Sec. 24.00521. CONTEST OF TENANT APPEAL BOND. (a) If a
tenant appeals a judgment of a justice court in a residential
eviction suit by filing an appeal bond pursuant to the Texas Rules
of Civil Procedure, the landlord may contest the bond because of the
amount of the bond or the financial ability of a surety to pay the
bond by filing a contest with the justice court. After the contest
is filed, the justice court shall notify the tenant of the contest
not later than the first working day after the date the contest is
filed. Not later than the fifth day after the date the contest is
filed, the justice court shall hear evidence and determine whether
to approve or disapprove the amount of the bond or the surety. If
the landlord contests the amount of the bond, the landlord has the
burden to prove, by a preponderance of the evidence, that the amount
of the bond is insufficient. If the landlord contests the financial
ability of a surety to pay the bond, the tenant must prove, by a
preponderance of the evidence, that the surety is financially
sound. If the justice court determines that the amount of the bond
is insufficient, the surety is not financially sound, or both, the
justice court must disapprove the bond. If the tenant or the surety
fails to appear at the contest hearing, the failure to appear is
prima facie evidence that the bond should be disapproved.
(b) Not later than the fifth day after the date the justice
court disapproves an appeal bond, the tenant may appeal the
decision to the county court. On request, the justice court shall
certify to the county court the contest to the appeal bond and all
relevant documents. The county court shall hold a hearing not later
than the fifth day after the date the decision is appealed and shall
hear the contest de novo. A writ of possession may not be issued
before the county court issues a final decision on the appeal bond.
(c) After the contest is heard by the county court, the
clerk of the county court shall transmit the transcript and records
of the case to the justice court. If the county court disapproves
the appeal bond, the tenant may, not later than the fifth day after
the date the county court disapproves the appeal bond, perfect the
appeal of the judgment on the eviction suit by making a cash deposit
in an amount determined by the county court or by filing a sworn
statement of inability to pay with the justice court pursuant to the
Texas Rules of Civil Procedure. If a cash deposit in the required
amount is not timely made or a sworn statement of inability to pay
is not timely filed, a writ of possession may be issued.
SECTION 2. Section 24.0053, Property Code, is amended by
amending Subsections (a-1) and (a-2) and adding Subsections (a-3)
and (b-1) to read as follows:
(a-1) If a tenant files a pauper's affidavit in the period
prescribed by Section 24.0052 or an appeal bond pursuant to the
Texas Rules of Civil Procedure 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 or appeal bond 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 or
appeal bond as required by the [Rule 749b(1),] Texas Rules of Civil
Procedure.
(a-3) If a tenant files an appeal bond in an eviction suit
for nonpayment of rent, in addition to the notice required by
Subsection (a-1), the justice court shall provide to the tenant a
written notice at the time the appeal bond is filed. The written
notice must contain the following information in bold or
conspicuous type:
(1) the amount of the costs on appeal from a judgment
of the justice court that the tenant must pay into the justice court
registry;
(2) whether the costs on appeal from the justice court
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 costs of appeal 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 costs of appeal
into the justice court registry by the date prescribed by
Subdivision (3) may result in the court issuing a writ of possession
without hearing.
(b-1) If the tenant appeals the eviction suit by filing an
appeal bond pursuant to the Texas Rules of Civil Procedure and the
tenant fails to pay the initial deposit of rent under Subsection
(a-1) or the costs on appeal as required by the justice court under
Subsection (a-3), the appeal is not perfected and the justice court
on request shall immediately issue a writ of possession without
hearing.
SECTION 3. 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 4. This Act takes effect January 1, 2016.