By: Clardy, Moody (Senate Sponsor - Menéndez) H.B. No. 1334
(In the Senate - Received from the House April 20, 2015;
May 4, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1334 By: Schwertner
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
Sections 24.00511 and 24.00512 to read as follows:
Sec. 24.00511. APPEAL BOND FOR CERTAIN EVICTION SUITS. (a)
In a residential eviction suit for nonpayment of rent, the justice
court shall state in the court's judgment the amount of the appeal
bond, taking into consideration the money required to be paid into
the court registry under Section 24.0053.
(b) In addition to meeting all other requirements of law,
the bond must require the surety to provide the surety's contact
information, including an address, phone number, and e-mail
address, if any. If any of the contact information changes, the
surety shall inform the court of the surety's new contact
information.
Sec. 24.00512. CONTEST OF CERTAIN APPEAL BONDS. (a) This
section does not apply to an appeal bond issued by a corporate
surety authorized by the Texas Department of Insurance to engage in
business in this state.
(b) If a party appeals the judgment of a justice court in a
residential eviction suit for nonpayment of rent by filing an
appeal bond, the opposing party may contest the bond amount, form of
the bond, or financial ability of a surety to pay the bond by filing
a written notice with the justice court contesting the appeal bond
on or before the fifth day after the date the appeal bond is filed
and serving a copy on the other party. After the notice is filed,
the justice court shall notify the other party and the surety of the
contest.
(c) Not later than the fifth day after the date the contest
is filed, the justice court shall hold a hearing to hear evidence to
determine whether to approve or disapprove the amount or form of the
bond or the surety.
(d) If a party contests the amount or form of the bond, the
contesting party has the burden to prove, by a preponderance of the
evidence, that the amount or form of the bond, as applicable, is
insufficient. If a party contests the financial ability of a surety
to pay the bond, the party filing the bond must prove, by a
preponderance of the evidence, that the surety has sufficient
nonexempt assets to pay the appeal bond. If the justice court
determines that the amount or form of the bond is insufficient or
the surety does not have sufficient nonexempt assets to pay the
appeal bond, the justice court must disapprove the bond. If the
surety fails to appear at the contest hearing, the failure to appear
is prima facie evidence that the bond should be disapproved.
(e) Not later than the fifth day after the date the justice
court disapproves an appeal bond, the party appealing may make a
cash deposit, file a sworn statement of inability to pay with the
justice court, or appeal the decision disapproving the appeal bond
to the county court. If the party appealing fails to make a cash
deposit, file a sworn statement of inability to pay, or appeal the
decision disapproving the appeal bond, the judgment of the justice
court becomes final and a writ of possession and other processes to
enforce the judgment must be issued on the payment of the required
fee.
(f) If an appeal is filed, the justice court shall transmit
to the county court the contest to the appeal bond and all relevant
documents. The county court shall docket the appeal, schedule a
hearing to be held not later than the fifth day after the date the
appeal is docketed, notify the parties and the surety of the hearing
time and date, and hear the contest de novo. The failure of the
county court to hold a timely hearing is not grounds for approval or
denial of the appeal. A writ of possession may not be issued before
the county court issues a final decision on the appeal bond.
(g) After the contest is heard by the county court, the
county clerk shall transmit the transcript and records of the case
to the justice court. If the county court disapproves the appeal
bond, the party may, not later than the fifth day after the date the
court disapproves the appeal bond, perfect the appeal of the
judgment on the eviction suit by making a cash deposit in the
justice court 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 the tenant is
the appealing party and a cash deposit in the required amount is not
timely made or a sworn statement of inability to pay is not timely
filed, the judgment of the justice court becomes final and a writ of
possession and other processes to enforce the judgment must be
issued on the payment of the required fee. If the landlord is the
appealing party and a cash deposit is not timely made or a sworn
statement of inability to pay is not timely filed, the judgment of
the justice court becomes final. If the appeal bond is approved by
the county court, the court shall transmit the transcript and other
records of the case to the justice court, and the justice court
shall proceed as if the appeal bond was originally approved.
SECTION 2. Chapter 24, Property Code, is amended by adding
Section 24.00521 to read as follows:
Sec. 24.00521. CONTEST OF CERTAIN APPEAL BONDS IN COUNTY
COURT. A contest under Section 24.00512 does not preclude a party
from contesting the appeal bond in the county court after the county
court has jurisdiction over the eviction suit. After the county
court has jurisdiction over the eviction suit, the county court may
modify the amount or form of the bond and determine the sufficiency
of the surety.
SECTION 3. Section 24.0053, Property Code, is amended by
amending Subsections (a-1) and (a-2) and adding Subsections (a-3)
and (a-4) to read as follows:
(a-1) In an eviction suit for nonpayment of rent, if [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 a 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 the [Rule 749b(1),] Texas Rules of Civil Procedure.
(a-3) If a tenant files an appeal bond to appeal an eviction
for nonpayment of rent, the tenant must, not later than the fifth
day after the date the tenant filed the appeal bond, pay into the
justice court registry the amount of rent to be paid in one rental
pay period as determined by the court under Subsection (a). If the
tenant fails to timely pay that amount into the justice court
registry and the transcript has not yet been transmitted to the
county court, the plaintiff may request a writ of possession. On
request and payment of the applicable fee, the justice court shall
issue the writ of possession immediately and without a hearing.
Regardless of whether a writ of possession is issued, the justice
court shall transmit the transcript and appeal documents to the
county court for trial de novo on issues relating to possession,
rent, or attorney's fees.
(a-4) On sworn motion and hearing, the plaintiff in the
eviction suit may withdraw money deposited in the court registry
before the final determination in the case, dismissal of the
appeal, or order of the court after final hearing. The county court
shall give precedence to a hearing or motion under this subsection.
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, 2016.
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