By: Schofield (Senate Sponsor - Bettencourt) H.B. No. 3364
(In the Senate - Received from the House May 13, 2015;
May 14, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HuffmanX
EllisX
BirdwellX
CreightonX
EstesX
FraserX
NelsonX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the appeal of a judgment in an eviction suit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.007, Property Code, is amended to
read as follows:
Sec. 24.007. APPEAL. A final judgment of a county court in
an eviction suit may not be appealed on the issue of possession
unless the premises in question are being used for residential
purposes only. [(a)] A judgment of a county court [in an eviction
suit] may not under any circumstances be stayed pending appeal
unless, within 10 days of the signing of the judgment, the appellant
files a supersedeas bond in an amount set by the county court. In
setting the supersedeas bond the county court shall provide
protection for the appellee to the same extent as in any other
appeal, taking into consideration the value of rents likely to
accrue during appeal, damages which may occur as a result of the
stay during appeal, and other damages or amounts as the court may
deem appropriate.
[(b) Notwithstanding any other law, an appeal may be taken
from a final judgment of a county court, statutory county court,
statutory probate court, or district court in an eviction suit.]
SECTION 2. The change in law made by this Act applies to an
appeal of a final judgment rendered on or after the effective date
of this Act. An appeal of a final judgment rendered before the
effective date of this Act is governed by the law in effect on the
date the judgment was rendered, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect January 1, 2016.
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