88R10358 KBB-D
By: Walle H.B. No. 3079
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program for the provision of free legal
representation to certain indigent tenants in eviction suits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.943, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b), funds in the basic
civil legal services account may be used for the indigent tenant
eviction representation pilot program established under Section
2306.2591. The comptroller may pay money from the account for the
indigent tenant eviction representation pilot program at the
request of the Texas Department of Housing and Community Affairs.
This subsection expires January 1, 2026.
SECTION 2. Subchapter K, Chapter 2306, Government Code, is
amended by adding Section 2306.2591 to read as follows:
Sec. 2306.2591. INDIGENT TENANT EVICTION REPRESENTATION
PILOT PROGRAM. (a) In this section, "pilot program" means the
indigent tenant eviction representation pilot program established
under this section.
(b) For purposes of this section, an individual is indigent
if the individual's family income is at or below 80 percent of the
area median family income, adjusted for household size, as
determined annually by the United States Department of Housing and
Urban Development, for the area in which the individual resides.
(c) The indigent tenant eviction representation pilot
program is created in the department to provide legal
representation to indigent individuals in eviction suits filed by
landlords under Chapter 24, Property Code, or with respect to
prospective eviction suits under that chapter.
(d) An indigent individual is eligible to receive legal
representation provided by the pilot program if the individual is a
residential tenant in a county with a population of 3.3 million or
more and:
(1) has received a notice to vacate a premises under
Section 24.005, Property Code;
(2) has been served in an eviction suit under Chapter
24, Property Code; or
(3) has appealed the judgment of the justice court in a
suit described by Subdivision (2).
(e) The pilot program shall develop and maintain a list of
licensed attorneys to provide representation under the program.
(f) The department shall implement the pilot program using
money in the basic civil legal services account created in Section
51.943.
(g) The department shall make a reasonable effort to notify
eligible individuals that the pilot program is available.
(h) The department shall prepare a report detailing the
results of the pilot program and submit the report to the
legislature not later than December 31, 2025.
(i) This section expires January 1, 2026.
SECTION 3. Chapter 24, Property Code, is amended by adding
Section 24.0041 to read as follows:
Sec. 24.0041. APPOINTMENT OF ATTORNEY FOR CERTAIN TENANTS.
(a) On request, a justice court having jurisdiction of the eviction
suit or the prospective eviction suit shall appoint an attorney
from the list maintained by the indigent tenant eviction
representation pilot program under Section 2306.2591, Government
Code, to represent a tenant eligible for representation as
described by that section.
(b) This section expires January 1, 2026.
SECTION 4. (a) Not later than January 1, 2024, the Texas
Department of Housing and Community Affairs shall:
(1) adopt rules as necessary to implement Section
2306.2591, Government Code, as added by this Act; and
(2) develop the list of attorneys required under
Section 2306.2591(e), Government Code, as added by this Act.
(b) This section takes effect September 1, 2023.
SECTION 5. Except as otherwise provided by this Act, this
Act takes effect January 1, 2024.