| 1 | | - | By: Schofield (Senate Sponsor - Bettencourt) H.B. No. 3364 |
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| 2 | | - | (In the Senate - Received from the House May 13, 2015; |
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| 3 | | - | May 14, 2015, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 22, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 6, Nays 0; May 22, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 3364 |
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| 21 | 4 | | AN ACT |
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| 22 | 5 | | relating to the appeal of a judgment in an eviction suit. |
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| 23 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 24 | 7 | | SECTION 1. Section 24.007, Property Code, is amended to |
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| 25 | 8 | | read as follows: |
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| 26 | 9 | | Sec. 24.007. APPEAL. A final judgment of a county court in |
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| 27 | 10 | | an eviction suit may not be appealed on the issue of possession |
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| 28 | 11 | | unless the premises in question are being used for residential |
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| 29 | 12 | | purposes only. [(a)] A judgment of a county court [in an eviction |
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| 30 | 13 | | suit] may not under any circumstances be stayed pending appeal |
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| 31 | 14 | | unless, within 10 days of the signing of the judgment, the appellant |
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| 32 | 15 | | files a supersedeas bond in an amount set by the county court. In |
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| 33 | 16 | | setting the supersedeas bond the county court shall provide |
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| 34 | 17 | | protection for the appellee to the same extent as in any other |
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| 35 | 18 | | appeal, taking into consideration the value of rents likely to |
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| 36 | 19 | | accrue during appeal, damages which may occur as a result of the |
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| 37 | 20 | | stay during appeal, and other damages or amounts as the court may |
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| 38 | 21 | | deem appropriate. |
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| 39 | 22 | | [(b) Notwithstanding any other law, an appeal may be taken |
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| 40 | 23 | | from a final judgment of a county court, statutory county court, |
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| 41 | 24 | | statutory probate court, or district court in an eviction suit.] |
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| 42 | 25 | | SECTION 2. The change in law made by this Act applies to an |
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| 43 | 26 | | appeal of a final judgment rendered on or after the effective date |
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| 44 | 27 | | of this Act. An appeal of a final judgment rendered before the |
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| 45 | 28 | | effective date of this Act is governed by the law in effect on the |
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| 46 | 29 | | date the judgment was rendered, and the former law is continued in |
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| 47 | 30 | | effect for that purpose. |
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| 48 | 31 | | SECTION 3. This Act takes effect January 1, 2016. |
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| 49 | | - | * * * * * |
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| 32 | + | ______________________________ ______________________________ |
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| 33 | + | President of the Senate Speaker of the House |
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| 34 | + | I certify that H.B. No. 3364 was passed by the House on May |
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| 35 | + | 12, 2015, by the following vote: Yeas 142, Nays 2, 2 present, not |
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| 36 | + | voting. |
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| 37 | + | ______________________________ |
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| 38 | + | Chief Clerk of the House |
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| 39 | + | I certify that H.B. No. 3364 was passed by the Senate on May |
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| 40 | + | 27, 2015, by the following vote: Yeas 31, Nays 0. |
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| 41 | + | ______________________________ |
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| 42 | + | Secretary of the Senate |
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| 43 | + | APPROVED: _____________________ |
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| 44 | + | Date |
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| 45 | + | _____________________ |
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| 46 | + | Governor |
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