Texas 2023 - 88th Regular

Texas House Bill HB3952 Compare Versions

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1	1	88R11192 TSS-D
2	2	By: Schofield H.B. No. 3952
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the jurisdiction of courts in cases of forcible entry
8	8	and detainer and forcible detainer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 25.0003, Government Code, is amended by
11	11	adding Subsection (g) to read as follows:
12	12	(g) A statutory county court has concurrent jurisdiction
13	13	with a justice court in cases of forcible entry and detainer and
14	14	forcible detainer.
15	15	SECTION 2. Section 27.031, Government Code, is amended by
16	16	amending Subsection (a) and adding Subsection (b-1) to read as
17	17	follows:
18	18	(a) In addition to the jurisdiction and powers provided by
19	19	the constitution and other law, the justice court has original
20	20	jurisdiction of:
21	21	(1) civil matters in which exclusive jurisdiction is
22	22	not in the district or county court and in which the amount in
23	23	controversy is not more than $20,000, exclusive of interest;
24	24	[(2) cases of forcible entry and detainer;] and
25	25	(2) [(3)] foreclosure of mortgages and enforcement of
26	26	liens on personal property in cases in which the amount in
27	27	controversy is otherwise within the justice court's jurisdiction.
28	28	(b-1) A justice court has concurrent jurisdiction with a
29	29	statutory county court in cases of forcible entry and detainer and
30	30	forcible detainer.
31	31	SECTION 3. Section 24.004, Property Code, is amended by
32	32	adding Subsection (a-1) and amending Subsection (b) to read as
33	33	follows:
34	34	(a-1) Except as provided by Subsection (b), a statutory
35	35	county court has concurrent jurisdiction with a justice court in
36	36	forcible entry and detainer and forcible detainer suits. A
37	37	statutory county court has jurisdiction to issue a writ of
38	38	possession under Sections 24.0054(a), (a-2), and (a-3).
39	39	(b) A justice court or statutory county court does not have
40	40	jurisdiction in a forcible entry and detainer or forcible detainer
41	41	suit and shall dismiss the suit if the defendant files a sworn
42	42	statement alleging the suit is based on a deed executed in violation
43	43	of Chapter 21A, Business & Commerce Code.
44	44	SECTION 4. Section 24.0051(a), Property Code, is amended to
45	45	read as follows:
46	46	(a) In a suit [filed in justice court] in which the landlord
47	47	files a sworn statement seeking judgment against a tenant for
48	48	possession of the premises and unpaid rent, personal service on the
49	49	tenant or service on the tenant under Rule 742a, Texas Rules of
50	50	Civil Procedure, is procedurally sufficient to support a default
51	51	judgment for possession of the premises and unpaid rent.
52	52	SECTION 5. Section 24.00511(a), Property Code, is amended
53	53	to read as follows:
54	54	(a) In a residential eviction suit for nonpayment of rent,
55	55	the statutory county court or justice court in which the suit is
56	56	filed shall state in the court's judgment the amount of the appeal
57	57	bond, taking into consideration the money required to be paid into
58	58	the court registry under Section 24.0053.
59	59	SECTION 6. Section 24.00512, Property Code, is amended to
60	60	read as follows:
61	61	Sec. 24.00512. CONTEST OF CERTAIN APPEAL BONDS. (a) This
62	62	section does not apply to an appeal bond issued by a corporate
63	63	surety authorized by the Texas Department of Insurance to engage in
64	64	business in this state.
65	65	(b) If a party appeals the judgment of a statutory county
66	66	court or justice court in a residential eviction suit for
67	67	nonpayment of rent by filing an appeal bond, the opposing party may
68	68	contest the bond amount, form of the bond, or financial ability of a
69	69	surety to pay the bond by filing a written notice with the [justice]
70	70	court that rendered the judgment contesting the appeal bond on or
71	71	before the fifth day after the date the appeal bond is filed and
72	72	serving a copy on the other party. After the notice is filed, the
73	73	[justice] court shall notify the other party and the surety of the
74	74	contest.
75	75	(c) Not later than the fifth day after the date the contest
76	76	is filed, the statutory county court or justice court in which the
77	77	notice under Subsection (b) is filed shall hold a hearing to hear
78	78	evidence to determine whether to approve or disapprove the amount
79	79	or form of the bond or the surety.
80	80	(d) If a party contests the amount or form of the bond, the
81	81	contesting party has the burden to prove, by a preponderance of the
82	82	evidence, that the amount or form of the bond, as applicable, is
83	83	insufficient. If a party contests the financial ability of a surety
84	84	to pay the bond, the party filing the bond must prove, by a
85	85	preponderance of the evidence, that the surety has sufficient
86	86	nonexempt assets to pay the appeal bond. If the [justice] court
87	87	determines that the amount or form of the bond is insufficient or
88	88	the surety does not have sufficient nonexempt assets to pay the
89	89	appeal bond, the [justice] court must disapprove the bond. If the
90	90	surety fails to appear at the contest hearing, the failure to appear
91	91	is prima facie evidence that the bond should be disapproved.
92	92	(e) Not later than the fifth day after the date the
93	93	statutory county court or justice court, as applicable, disapproves
94	94	an appeal bond, the party appealing may make a cash deposit, file a
95	95	sworn statement of inability to pay with the [justice] court, or
96	96	appeal the decision disapproving the appeal bond to the county
97	97	court, if the decision is made by a justice court, or to the court of
98	98	appeals, if the decision is made by a statutory county court. If
99	99	the party appealing fails to make a cash deposit, file a sworn
100	100	statement of inability to pay, or appeal the decision disapproving
101	101	the appeal bond, the judgment of the [justice] court that rendered
102	102	the original judgment becomes final and a writ of possession and
103	103	other processes to enforce the judgment must be issued on the
104	104	payment of the required fee.
105	105	(f) If an appeal is filed with the county court under
106	106	Subsection (e), the justice court shall transmit to the county
107	107	court the contest to the appeal bond and all relevant documents.
108	108	The county court shall docket the appeal, schedule a hearing to be
109	109	held not later than the fifth day after the date the appeal is
110	110	docketed, notify the parties and the surety of the hearing time and
111	111	date, and hear the contest de novo.
112	112	(f-1) If an appeal is filed with the court of appeals under
113	113	Subsection (e), the statutory county court shall transmit to the
114	114	court of appeals the contest to the appeal bond and all relevant
115	115	documents. The court of appeals shall docket the appeal, and if
116	116	oral argument is requested, schedule a hearing as soon as
117	117	practicable and notify the parties and the surety of any hearing
118	118	set.
119	119	(f-2) The failure of a [the county] court to hold a timely
120	120	hearing is not grounds for approval or denial of the appeal. A writ
121	121	of possession may not be issued before the court hearing the appeal
122	122	[county court] issues a final decision on the appeal bond.
123	123	(g) After the contest is heard by the [county] court in
124	124	which an appeal is filed, the [county] clerk of the court shall
125	125	transmit the transcript and records of the case to the [justice]
126	126	court that rendered the original judgment in the case. If the
127	127	[county] court hearing the appeal disapproves the appeal bond, the
128	128	party may, not later than the fifth day after the date the court
129	129	disapproves the appeal bond, perfect the appeal of the judgment on
130	130	the eviction suit by making a cash deposit in the [justice] court
131	131	that rendered the original judgment in the case in an amount
132	132	determined by the [county] court hearing the appeal or by filing a
133	133	sworn statement of inability to pay with the [justice] court that
134	134	rendered the original judgment in the case pursuant to the Texas
135	135	Rules of Civil Procedure. If the tenant is the appealing party and
136	136	a cash deposit in the required amount is not timely made or a sworn
137	137	statement of inability to pay is not timely filed, the judgment of
138	138	the [justice] court that rendered the original judgment becomes
139	139	final and a writ of possession and other processes to enforce the
140	140	judgment must be issued on the payment of the required fee. If the
141	141	landlord is the appealing party and a cash deposit is not timely
142	142	made or a sworn statement of inability to pay is not timely filed,
143	143	the judgment of the [justice] court that rendered the original
144	144	judgment becomes final. If the appeal bond is approved by the
145	145	[county] court hearing the appeal, the court shall transmit the
146	146	transcript and other records of the case to the [justice] court that
147	147	rendered the original judgment, and that [the justice] court shall
148	148	proceed as if the appeal bond was originally approved.
149	149	SECTION 7. Section 24.0052, Property Code, is amended to
150	150	read as follows:
151	151	Sec. 24.0052. TENANT APPEAL ON PAUPER'S AFFIDAVIT. (a) If
152	152	a tenant in a residential eviction suit is unable to pay the costs
153	153	of appeal or file an appeal bond as required by the Texas Rules of
154	154	Civil Procedure, the tenant may appeal the judgment of the
155	155	[justice] court that rendered the original judgment by filing with
156	156	that [the justice] court, not later than the fifth day after the
157	157	date the judgment is signed, a pauper's affidavit sworn before the
158	158	clerk of the [justice] court or a notary public that states that the
159	159	tenant is unable to pay the costs of appeal or file an appeal bond.
160	160	The affidavit must contain the following information:
161	161	(1) the tenant's identity;
162	162	(2) the nature and amount of the tenant's employment
163	163	income;
164	164	(3) the income of the tenant's spouse, if applicable
165	165	and available to the tenant;
166	166	(4) the nature and amount of any governmental
167	167	entitlement income of the tenant;
168	168	(5) all other income of the tenant;
169	169	(6) the amount of available cash and funds available
170	170	in savings or checking accounts of the tenant;
171	171	(7) real and personal property owned by the tenant,
172	172	other than household furnishings, clothes, tools of a trade, or
173	173	personal effects;
174	174	(8) the tenant's debts and monthly expenses; and
175	175	(9) the number and age of the tenant's dependents and
176	176	where those dependents reside.
177	177	(b) A statutory county court or [The] justice court shall
178	178	make available an affidavit form that a person may use to comply
179	179	with the requirements of Subsection (a).
180	180	(c) The [justice] court in which a pauper's affidavit is
181	181	filed under this section shall promptly notify the landlord that
182	182	[if] a pauper's affidavit has been [is] filed by the tenant.
183	183	(d) A landlord may contest a pauper's affidavit on or before
184	184	the fifth day after the date the affidavit is filed. If the
185	185	landlord contests the affidavit, the [justice] court in which the
186	186	affidavit was filed shall notify the parties and hold a hearing to
187	187	determine whether the tenant is unable to pay the costs of appeal or
188	188	file an appeal bond. The hearing shall be held not later than the
189	189	fifth day after the date the landlord notifies the court clerk of
190	190	the landlord's contest. At the hearing, the tenant has the burden
191	191	to prove by competent evidence, including documents or credible
192	192	testimony of the tenant or others, that the tenant is unable to pay
193	193	the costs of appeal or file an appeal bond.
194	194	(e) If the [justice] court approves the pauper's affidavit
195	195	of a tenant filed under this section, the tenant is not required to
196	196	pay the [county court] filing fee in the court in which the appeal
197	197	is filed or file an additional affidavit in the appellate [county]
198	198	court under Subsection (a).
199	199	SECTION 8. Section 24.00521, Property Code, is amended to
200	200	read as follows:
201	201	Sec. 24.00521. CONTEST OF CERTAIN APPEAL BONDS [IN COUNTY
202	202	COURT]. (a) A contest under Section 24.00512 filed in a justice
203	203	court does not preclude a party from contesting the appeal bond in
204	204	the county court after the county court has jurisdiction over the
205	205	eviction suit.
206	206	(b) A contest under Section 24.00512 filed in a statutory
207	207	county court does not preclude a party from contesting the appeal
208	208	bond in the court of appeals after the court of appeals has
209	209	jurisdiction over the appeal of an eviction suit.
210	210	(c) After the county court has jurisdiction over the appeal
211	211	of an eviction suit or a court of appeals has jurisdiction over the
212	212	appeal of an eviction suit, the county court or court of appeals, as
213	213	applicable, may modify the amount or form of the bond and determine
214	214	the sufficiency of the surety.
215	215	SECTION 9. Sections 24.0053(a), (a-1), (a-2), (a-3), (b),
216	216	(c), (d), and (e), Property Code, are amended to read as follows:
217	217	(a) If a statutory county court or [the] justice court, as
218	218	applicable, enters judgment for the landlord in a residential
219	219	eviction case based on nonpayment of rent, the court shall
220	220	determine the amount of rent to be paid each rental pay period
221	221	during the pendency of any appeal and shall note that amount in the
222	222	judgment. If a portion of the rent is payable by a government
223	223	agency, the court shall determine and note in the judgment the
224	224	portion of the rent to be paid by the government agency and the
225	225	portion to be paid by the tenant. The court's determination shall
226	226	be in accordance with the terms of the rental agreement and
227	227	applicable laws and regulations. This subsection does not require
228	228	or prohibit payment of rent into the court registry or directly to
229	229	the landlord during the pendency of an appeal of an eviction case
230	230	based on grounds other than nonpayment of rent.
231	231	(a-1) In an eviction suit for nonpayment of rent, if a
232	232	tenant files a pauper's affidavit in the period prescribed by
233	233	Section 24.0052 or an appeal bond pursuant to the Texas Rules of
234	234	Civil Procedure, the [justice] court in which the affidavit or bond
235	235	is filed shall provide to the tenant a written notice at the time
236	236	the pauper's affidavit or [appeal] bond is filed that contains the
237	237	following information in bold or conspicuous type:
238	238	(1) the amount of the initial deposit of rent stated in
239	239	the judgment that the tenant must pay into the [justice] court
240	240	registry;
241	241	(2) whether the initial deposit must be paid in cash,
242	242	cashier's check, or money order, and to whom the cashier's check or
243	243	money order, if applicable, must be made payable;
244	244	(3) the calendar date by which the initial deposit
245	245	must be paid into the [justice] court registry;
246	246	(4) for a court that closes before 5 p.m. on the date
247	247	specified by Subdivision (3), the time the court closes; and
248	248	(5) a statement that failure to pay the required
249	249	amount into the [justice] court registry by the date prescribed by
250	250	Subdivision (3) may result in the court issuing a writ of possession
251	251	without a hearing.
252	252	(a-2) The date by which an initial deposit must be paid into
253	253	the [justice] court registry under Subsection (a-1)(3) must be
254	254	within five days of the date the tenant files the pauper's affidavit
255	255	as required by the Texas Rules of Civil Procedure.
256	256	(a-3) If a tenant files an appeal bond to appeal an eviction
257	257	for nonpayment of rent, the tenant must, not later than the fifth
258	258	day after the date the tenant filed the appeal bond, pay into the
259	259	[justice] court registry the amount of rent to be paid in one rental
260	260	pay period as determined by the court under Subsection (a). If the
261	261	tenant fails to timely pay that amount into the [justice] court
262	262	registry and the transcript has not yet been transmitted to the
263	263	[county] court in which the appeal is filed, the plaintiff may
264	264	request a writ of possession. On request and payment of the
265	265	applicable fee, the [justice] court that rendered the original
266	266	judgment shall issue the writ of possession immediately and without
267	267	a hearing. Regardless of whether a writ of possession is issued:
268	268	(1) a [, the] justice court shall transmit the
269	269	transcript and appeal documents to the county court for trial de
270	270	novo on issues relating to possession, rent, or attorney's fees; or
271	271	(2) a statutory county court shall transmit the
272	272	transcript and appeal documents to the court of appeals for an
273	273	appeal conducted in the same manner as the appeal of any other order
274	274	or other action of the court.
275	275	(b) If an eviction case is based on nonpayment of rent and
276	276	the tenant appeals by filing a pauper's affidavit, the tenant shall
277	277	pay the rent, as it becomes due, into the [justice] court [or the
278	278	county court] registry[, as applicable,] during the pendency of the
279	279	appeal, in accordance with the Texas Rules of Civil Procedure and
280	280	Subsection (a). If a government agency is responsible for all or a
281	281	portion of the rent under an agreement with the landlord, the tenant
282	282	shall pay only that portion of the rent determined by the [justice]
283	283	court under Subsection (a) to be paid by the tenant during appeal,
284	284	subject to either party's right to contest that determination under
285	285	Subsection (c).
286	286	(c) If an eviction case is based on nonpayment of rent and
287	287	the tenant's rent during the rental agreement term has been paid
288	288	wholly or partly by a government agency, either party may contest
289	289	the portion of the rent that the [justice] court determines must be
290	290	paid into the [county] court registry by the tenant under this
291	291	section. The contest must be filed on or before the fifth day after
292	292	the date the judge or justice, as applicable, signs the judgment.
293	293	If a contest is filed, not later than the fifth day after the date
294	294	the contest is filed the [justice] court shall notify the parties
295	295	and hold a hearing to determine the amount owed by the tenant in
296	296	accordance with the terms of the rental agreement and applicable
297	297	laws and regulations. After hearing the evidence, the [justice]
298	298	court shall determine the portion of the rent that must be paid by
299	299	the tenant under this section.
300	300	(d) If the tenant objects to a [the] justice court's ruling
301	301	under Subsection (c) on the portion of the rent to be paid by the
302	302	tenant during appeal, the tenant shall be required to pay only the
303	303	portion claimed by the tenant to be owed by the tenant until the
304	304	issue is tried de novo along with the case on the merits in county
305	305	court. If the tenant objects to a statutory county court's ruling
306	306	under Subsection (c) on the portion of the rent to be paid by the
307	307	tenant during appeal, the tenant shall be required to pay only the
308	308	portion claimed by the tenant to be owed by the tenant until the
309	309	appeal is final. During the pendency of an [the] appeal taken from
310	310	a justice court, either party may file a motion with the county
311	311	court to reconsider the amount of the rent that must be paid by the
312	312	tenant into the registry of the court.
313	313	(e) If either party files a contest under Subsection (c) and
314	314	the tenant files a pauper's affidavit that is contested by the
315	315	landlord under Section 24.0052(d), the [justice] court shall hold
316	316	the hearing on both contests at the same time.
317	317	SECTION 10. Sections 24.0054(a), (a-2), (a-3), (a-4), (b),
318	318	(c), (e), and (f), Property Code, are amended to read as follows:
319	319	(a) During an appeal of an eviction case for nonpayment of
320	320	rent, the [justice] court that rendered the original judgment, on
321	321	request, shall immediately issue a writ of possession, without
322	322	hearing, if:
323	323	(1) a tenant fails to pay the initial rent deposit into
324	324	the [justice] court registry within five days of the date the tenant
325	325	filed a pauper's affidavit as required by Rule 749b(1), Texas Rules
326	326	of Civil Procedure, and Section 24.0053;
327	327	(2) the [justice] court has provided the written
328	328	notice required by Section 24.0053(a-1); and
329	329	(3) the [justice] court has not yet forwarded the
330	330	transcript and original papers to the [county] court in which the
331	331	appeal is filed as provided by Subsection (a-2).
332	332	(a-2) The [justice] court that rendered the original
333	333	judgment shall forward the transcript and original papers in an
334	334	appeal [of an eviction case] to the [county] court hearing the
335	335	appeal but may not forward the transcript and original papers
336	336	before the sixth day after the date the tenant files a pauper's
337	337	affidavit, except that, if the court confirms that the tenant has
338	338	timely paid the initial deposit of rent into the [justice] court
339	339	registry in accordance with Section 24.0053, the court may forward
340	340	the transcript and original papers immediately. If the tenant has
341	341	not timely paid the initial deposit into the [justice] court
342	342	registry, the [justice] court, on request, shall issue a writ of
343	343	possession notwithstanding the fact that the tenant has perfected
344	344	an appeal by filing a pauper's affidavit that has been approved by
345	345	the court. If the court that rendered the original judgment is a
346	346	justice court, the [The] justice court shall forward the transcript
347	347	and original papers in the case to the county court for trial de
348	348	novo, notwithstanding the fact that a writ of possession under this
349	349	section has already been issued. If the court that rendered the
350	350	original judgment is a statutory county court, the county court
351	351	shall forward the transcript and original papers in the case to the
352	352	court of appeals, notwithstanding the fact that a writ of
353	353	possession under this section has already been issued.
354	354	(a-3) Notwithstanding Subsections (a) and (a-2), the
355	355	[justice] court that rendered the original judgment may not issue a
356	356	writ of possession if the tenant has timely deposited the tenant's
357	357	portion of the rent claimed by the tenant under Section 24.0053(d).
358	358	(a-4) During an appeal of an eviction case for nonpayment of
359	359	rent, if a tenant fails to pay rent into the [justice] court [or
360	360	county court] registry as the rent becomes due under the rental
361	361	agreement in accordance with the Texas Rules of Civil Procedure and
362	362	Section 24.0053, the landlord may file with the [county] court
363	363	hearing the appeal a sworn motion that the tenant failed to pay rent
364	364	as required. The landlord shall notify the tenant of the motion and
365	365	the hearing date.
366	366	(b) If the [county] court hearing the appeal finds that the
367	367	tenant has not complied with the payment requirements of the Texas
368	368	Rules of Civil Procedure and Section 24.0053, the [county] court
369	369	shall immediately issue a writ of possession unless on or before the
370	370	day of the hearing the tenant pays into the court registry:
371	371	(1) all rent not paid in accordance with the Texas
372	372	Rules of Civil Procedure and Section 24.0053; and
373	373	(2) the landlord's reasonable attorney's fees, if any,
374	374	in filing the motion.
375	375	(c) If the court finds that a tenant has failed to timely pay
376	376	the rent into the court registry on more than one occasion:
377	377	(1) the tenant is not entitled to stay the issuance of
378	378	the writ by paying the rent and the landlord's reasonable attorney's
379	379	fees, if any; and
380	380	(2) the [county] court hearing the appeal shall
381	381	immediately issue a writ of possession.
382	382	(e) In a motion or hearing under Subsection (a-4), or in a
383	383	motion to dismiss an appeal of an eviction case [in county court],
384	384	other than a motion to dismiss an appeal filed in a court of
385	385	appeals, the parties may represent themselves or be represented by
386	386	their authorized agents, who need not be attorneys.
387	387	(f) During the appeal of an eviction case, if a government
388	388	agency is responsible for payment of a portion of the rent and does
389	389	not pay that portion to the landlord or into the [justice] court [or
390	390	county court] registry, the landlord may file a motion with the
391	391	[county] court hearing the appeal requesting that the tenant be
392	392	required to pay into the [county] court registry, as a condition of
393	393	remaining in possession, the full amount of each rental period's
394	394	rent, as it becomes due under the rental agreement. After notice
395	395	and hearing, the court shall grant the motion if the landlord proves
396	396	by credible evidence that:
397	397	(1) a portion of the rent is owed by a government
398	398	agency;
399	399	(2) the portion of the rent owed by the government
400	400	agency is unpaid;
401	401	(3) the landlord did not cause wholly or partly the
402	402	agency to cease making the payments;
403	403	(4) the landlord did not cause wholly or partly the
404	404	agency to pay the wrong amount; and
405	405	(5) the landlord is not able to take reasonable action
406	406	that will cause the agency to resume making the payments of its
407	407	portion of the total rent due under the rental agreement.
408	408	SECTION 11. Section 24.0062(i), Property Code, is amended
409	409	to read as follows:
410	410	(i) Before the sale of the property by the warehouseman, the
411	411	tenant may file suit in the [justice] court in which the eviction
412	412	judgment was rendered, or in another court of competent
413	413	jurisdiction in the county in which the rental premises are
414	414	located, to recover the property described by Subsection (e) on the
415	415	ground that the landlord failed to return the property after timely
416	416	demand and payment by the tenant, as provided by this section.
417	417	Before sale, the tenant may also file suit to recover all property
418	418	moved or stored by the warehouseman on the ground that the amount of
419	419	the warehouseman's moving or storage charges is not reasonable.
420	420	All proceedings under this subsection have precedence over other
421	421	matters on the court's docket. The [justice] court that issued the
422	422	writ of possession has jurisdiction under this section regardless
423	423	of the amount in controversy.
424	424	SECTION 12. Section 24.007, Property Code, is amended to
425	425	read as follows:
426	426	Sec. 24.007. APPEAL. (a) A final judgment of a county
427	427	court in an eviction suit originally filed in a justice court may
428	428	not be appealed on the issue of possession unless the premises in
429	429	question are being used for residential purposes only. A judgment
430	430	of a county court in an eviction case originally filed in a justice
431	431	court may not under any circumstances be stayed pending appeal
432	432	unless, within 10 days of the signing of the judgment, the appellant
433	433	files a supersedeas bond in an amount set by the county court. In
434	434	setting the supersedeas bond the county court shall provide
435	435	protection for the appellee to the same extent as in any other
436	436	appeal, taking into consideration the value of rents likely to
437	437	accrue during appeal, damages which may occur as a result of the
438	438	stay during appeal, and other damages or amounts as the court may
439	439	deem appropriate.
440	440	(b) A final judgment of a court of appeals in an eviction
441	441	suit originally filed in a statutory county court may not be further
442	442	appealed on the issue of possession unless the premises in question
443	443	are being used for residential purposes only. A judgment of a court
444	444	of appeals in an appeal taken from an eviction case originally filed
445	445	in a statutory county court may not under any circumstances be
446	446	stayed pending appeal unless, within 10 days of the signing of the
447	447	judgment, the appellant files a supersedeas bond in an amount set by
448	448	the court of appeals. In setting the supersedeas bond the court of
449	449	appeals shall provide protection for the appellee to the same
450	450	extent as in any other appeal, taking into consideration the value
451	451	of rents likely to accrue during appeal, damages which may occur as
452	452	a result of the stay during appeal, and other damages or amounts as
453	453	the court may deem appropriate.
454	454	SECTION 13. Section 24.011(a), Property Code, is amended to
455	455	read as follows:
456	456	(a) In eviction suits in a statutory county court or justice
457	457	court for nonpayment of rent or holding over beyond a rental term,
458	458	the parties may represent themselves or be represented by their
459	459	authorized agents, who need not be attorneys. In any eviction suit
460	460	in a statutory county court or justice court, an authorized agent
461	461	requesting or obtaining a default judgment need not be an attorney.
462	462	SECTION 14. Section 501.0521(a), Transportation Code, is
463	463	amended to read as follows:
464	464	(a) A justice of the peace or municipal court judge may not
465	465	issue an order related to a title except as provided by Chapter 47,
466	466	Code of Criminal Procedure, or Section 27.031(a)(2)
467	467	[27.031(a)(3)], Government Code.
468	468	SECTION 15. The changes in law made by this Act apply only
469	469	to a forcible entry and detainer or a forcible detainer suit filed
470	470	on or after the effective date of this Act. A suit filed before the
471	471	effective date of this Act is governed by the law in effect on the
472	472	date the suit was filed, and the former law is continued in effect
473	473	for that purpose.
474	474	SECTION 16. This Act takes effect September 1, 2023.