| 1 | 1 | | 88R10358 KBB-D |
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| 2 | 2 | | By: Walle H.B. No. 3079 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a pilot program for the provision of free legal |
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| 8 | 8 | | representation to certain indigent tenants in eviction suits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 51.943, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (b-1) to read as follows: |
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| 12 | 12 | | (b-1) Notwithstanding Subsection (b), funds in the basic |
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| 13 | 13 | | civil legal services account may be used for the indigent tenant |
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| 14 | 14 | | eviction representation pilot program established under Section |
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| 15 | 15 | | 2306.2591. The comptroller may pay money from the account for the |
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| 16 | 16 | | indigent tenant eviction representation pilot program at the |
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| 17 | 17 | | request of the Texas Department of Housing and Community Affairs. |
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| 18 | 18 | | This subsection expires January 1, 2026. |
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| 19 | 19 | | SECTION 2. Subchapter K, Chapter 2306, Government Code, is |
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| 20 | 20 | | amended by adding Section 2306.2591 to read as follows: |
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| 21 | 21 | | Sec. 2306.2591. INDIGENT TENANT EVICTION REPRESENTATION |
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| 22 | 22 | | PILOT PROGRAM. (a) In this section, "pilot program" means the |
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| 23 | 23 | | indigent tenant eviction representation pilot program established |
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| 24 | 24 | | under this section. |
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| 25 | 25 | | (b) For purposes of this section, an individual is indigent |
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| 26 | 26 | | if the individual's family income is at or below 80 percent of the |
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| 27 | 27 | | area median family income, adjusted for household size, as |
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| 28 | 28 | | determined annually by the United States Department of Housing and |
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| 29 | 29 | | Urban Development, for the area in which the individual resides. |
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| 30 | 30 | | (c) The indigent tenant eviction representation pilot |
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| 31 | 31 | | program is created in the department to provide legal |
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| 32 | 32 | | representation to indigent individuals in eviction suits filed by |
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| 33 | 33 | | landlords under Chapter 24, Property Code, or with respect to |
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| 34 | 34 | | prospective eviction suits under that chapter. |
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| 35 | 35 | | (d) An indigent individual is eligible to receive legal |
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| 36 | 36 | | representation provided by the pilot program if the individual is a |
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| 37 | 37 | | residential tenant in a county with a population of 3.3 million or |
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| 38 | 38 | | more and: |
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| 39 | 39 | | (1) has received a notice to vacate a premises under |
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| 40 | 40 | | Section 24.005, Property Code; |
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| 41 | 41 | | (2) has been served in an eviction suit under Chapter |
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| 42 | 42 | | 24, Property Code; or |
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| 43 | 43 | | (3) has appealed the judgment of the justice court in a |
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| 44 | 44 | | suit described by Subdivision (2). |
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| 45 | 45 | | (e) The pilot program shall develop and maintain a list of |
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| 46 | 46 | | licensed attorneys to provide representation under the program. |
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| 47 | 47 | | (f) The department shall implement the pilot program using |
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| 48 | 48 | | money in the basic civil legal services account created in Section |
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| 49 | 49 | | 51.943. |
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| 50 | 50 | | (g) The department shall make a reasonable effort to notify |
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| 51 | 51 | | eligible individuals that the pilot program is available. |
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| 52 | 52 | | (h) The department shall prepare a report detailing the |
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| 53 | 53 | | results of the pilot program and submit the report to the |
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| 54 | 54 | | legislature not later than December 31, 2025. |
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| 55 | 55 | | (i) This section expires January 1, 2026. |
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| 56 | 56 | | SECTION 3. Chapter 24, Property Code, is amended by adding |
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| 57 | 57 | | Section 24.0041 to read as follows: |
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| 58 | 58 | | Sec. 24.0041. APPOINTMENT OF ATTORNEY FOR CERTAIN TENANTS. |
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| 59 | 59 | | (a) On request, a justice court having jurisdiction of the eviction |
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| 60 | 60 | | suit or the prospective eviction suit shall appoint an attorney |
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| 61 | 61 | | from the list maintained by the indigent tenant eviction |
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| 62 | 62 | | representation pilot program under Section 2306.2591, Government |
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| 63 | 63 | | Code, to represent a tenant eligible for representation as |
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| 64 | 64 | | described by that section. |
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| 65 | 65 | | (b) This section expires January 1, 2026. |
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| 66 | 66 | | SECTION 4. (a) Not later than January 1, 2024, the Texas |
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| 67 | 67 | | Department of Housing and Community Affairs shall: |
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| 68 | 68 | | (1) adopt rules as necessary to implement Section |
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| 69 | 69 | | 2306.2591, Government Code, as added by this Act; and |
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| 70 | 70 | | (2) develop the list of attorneys required under |
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| 71 | 71 | | Section 2306.2591(e), Government Code, as added by this Act. |
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| 72 | 72 | | (b) This section takes effect September 1, 2023. |
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| 73 | 73 | | SECTION 5. Except as otherwise provided by this Act, this |
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| 74 | 74 | | Act takes effect January 1, 2024. |
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