88R11192 TSS-D
By: Schofield H.B. No. 3952
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of courts in cases of forcible entry
and detainer and forcible detainer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.0003, Government Code, is amended by
adding Subsection (g) to read as follows:
(g) A statutory county court has concurrent jurisdiction
with a justice court in cases of forcible entry and detainer and
forcible detainer.
SECTION 2. Section 27.031, Government Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) In addition to the jurisdiction and powers provided by
the constitution and other law, the justice court has original
jurisdiction of:
(1) civil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $20,000, exclusive of interest;
[(2) cases of forcible entry and detainer;] and
(2) [(3)] foreclosure of mortgages and enforcement of
liens on personal property in cases in which the amount in
controversy is otherwise within the justice court's jurisdiction.
(b-1) A justice court has concurrent jurisdiction with a
statutory county court in cases of forcible entry and detainer and
forcible detainer.
SECTION 3. Section 24.004, Property Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) Except as provided by Subsection (b), a statutory
county court has concurrent jurisdiction with a justice court in
forcible entry and detainer and forcible detainer suits. A
statutory county court has jurisdiction to issue a writ of
possession under Sections 24.0054(a), (a-2), and (a-3).
(b) A justice court or statutory county court does not have
jurisdiction in a forcible entry and detainer or forcible detainer
suit and shall dismiss the suit if the defendant files a sworn
statement alleging the suit is based on a deed executed in violation
of Chapter 21A, Business & Commerce Code.
SECTION 4. Section 24.0051(a), Property Code, is amended to
read as follows:
(a) In a suit [filed in justice court] in which the landlord
files a sworn statement seeking judgment against a tenant for
possession of the premises and unpaid rent, personal service on the
tenant or service on the tenant under Rule 742a, Texas Rules of
Civil Procedure, is procedurally sufficient to support a default
judgment for possession of the premises and unpaid rent.
SECTION 5. Section 24.00511(a), Property Code, is amended
to read as follows:
(a) In a residential eviction suit for nonpayment of rent,
the statutory county court or justice court in which the suit is
filed shall state in the court's judgment the amount of the appeal
bond, taking into consideration the money required to be paid into
the court registry under Section 24.0053.
SECTION 6. Section 24.00512, Property Code, is amended to
read as follows:
Sec. 24.00512. CONTEST OF CERTAIN APPEAL BONDS. (a) This
section does not apply to an appeal bond issued by a corporate
surety authorized by the Texas Department of Insurance to engage in
business in this state.
(b) If a party appeals the judgment of a statutory county
court or justice court in a residential eviction suit for
nonpayment of rent by filing an appeal bond, the opposing party may
contest the bond amount, form of the bond, or financial ability of a
surety to pay the bond by filing a written notice with the [justice]
court that rendered the judgment contesting the appeal bond on or
before the fifth day after the date the appeal bond is filed and
serving a copy on the other party. After the notice is filed, the
[justice] court shall notify the other party and the surety of the
contest.
(c) Not later than the fifth day after the date the contest
is filed, the statutory county court or justice court in which the
notice under Subsection (b) is filed shall hold a hearing to hear
evidence to determine whether to approve or disapprove the amount
or form of the bond or the surety.
(d) If a party contests the amount or form of the bond, the
contesting party has the burden to prove, by a preponderance of the
evidence, that the amount or form of the bond, as applicable, is
insufficient. If a party contests the financial ability of a surety
to pay the bond, the party filing the bond must prove, by a
preponderance of the evidence, that the surety has sufficient
nonexempt assets to pay the appeal bond. If the [justice] court
determines that the amount or form of the bond is insufficient or
the surety does not have sufficient nonexempt assets to pay the
appeal bond, the [justice] court must disapprove the bond. If the
surety fails to appear at the contest hearing, the failure to appear
is prima facie evidence that the bond should be disapproved.
(e) Not later than the fifth day after the date the
statutory county court or justice court, as applicable, disapproves
an appeal bond, the party appealing may make a cash deposit, file a
sworn statement of inability to pay with the [justice] court, or
appeal the decision disapproving the appeal bond to the county
court, if the decision is made by a justice court, or to the court of
appeals, if the decision is made by a statutory county court. If
the party appealing fails to make a cash deposit, file a sworn
statement of inability to pay, or appeal the decision disapproving
the appeal bond, the judgment of the [justice] court that rendered
the original judgment becomes final and a writ of possession and
other processes to enforce the judgment must be issued on the
payment of the required fee.
(f) If an appeal is filed with the county court under
Subsection (e), the justice court shall transmit to the county
court the contest to the appeal bond and all relevant documents.
The county court shall docket the appeal, schedule a hearing to be
held not later than the fifth day after the date the appeal is
docketed, notify the parties and the surety of the hearing time and
date, and hear the contest de novo.
(f-1) If an appeal is filed with the court of appeals under
Subsection (e), the statutory county court shall transmit to the
court of appeals the contest to the appeal bond and all relevant
documents. The court of appeals shall docket the appeal, and if
oral argument is requested, schedule a hearing as soon as
practicable and notify the parties and the surety of any hearing
set.
(f-2) The failure of a [the county] court to hold a timely
hearing is not grounds for approval or denial of the appeal. A writ
of possession may not be issued before the court hearing the appeal
[county court] issues a final decision on the appeal bond.
(g) After the contest is heard by the [county] court in
which an appeal is filed, the [county] clerk of the court shall
transmit the transcript and records of the case to the [justice]
court that rendered the original judgment in the case. If the
[county] court hearing the appeal disapproves the appeal bond, the
party may, not later than the fifth day after the date the court
disapproves the appeal bond, perfect the appeal of the judgment on
the eviction suit by making a cash deposit in the [justice] court
that rendered the original judgment in the case in an amount
determined by the [county] court hearing the appeal or by filing a
sworn statement of inability to pay with the [justice] court that
rendered the original judgment in the case pursuant to the Texas
Rules of Civil Procedure. If the tenant is the appealing party and
a cash deposit in the required amount is not timely made or a sworn
statement of inability to pay is not timely filed, the judgment of
the [justice] court that rendered the original judgment becomes
final and a writ of possession and other processes to enforce the
judgment must be issued on the payment of the required fee. If the
landlord is the appealing party and a cash deposit is not timely
made or a sworn statement of inability to pay is not timely filed,
the judgment of the [justice] court that rendered the original
judgment becomes final. If the appeal bond is approved by the
[county] court hearing the appeal, the court shall transmit the
transcript and other records of the case to the [justice] court that
rendered the original judgment, and that [the justice] court shall
proceed as if the appeal bond was originally approved.
SECTION 7. Section 24.0052, Property Code, is amended to
read as follows:
Sec. 24.0052. TENANT APPEAL ON PAUPER'S AFFIDAVIT. (a) If
a tenant in a residential eviction suit is unable to pay the costs
of appeal or file an appeal bond as required by the Texas Rules of
Civil Procedure, the tenant may appeal the judgment of the
[justice] court that rendered the original judgment by filing with
that [the justice] court, not later than the fifth day after the
date the judgment is signed, a pauper's affidavit sworn before the
clerk of the [justice] court or a notary public that states that the
tenant is unable to pay the costs of appeal or file an appeal bond.
The affidavit must contain the following information:
(1) the tenant's identity;
(2) the nature and amount of the tenant's employment
income;
(3) the income of the tenant's spouse, if applicable
and available to the tenant;
(4) the nature and amount of any governmental
entitlement income of the tenant;
(5) all other income of the tenant;
(6) the amount of available cash and funds available
in savings or checking accounts of the tenant;
(7) real and personal property owned by the tenant,
other than household furnishings, clothes, tools of a trade, or
personal effects;
(8) the tenant's debts and monthly expenses; and
(9) the number and age of the tenant's dependents and
where those dependents reside.
(b) A statutory county court or [The] justice court shall
make available an affidavit form that a person may use to comply
with the requirements of Subsection (a).
(c) The [justice] court in which a pauper's affidavit is
filed under this section shall promptly notify the landlord that
[if] a pauper's affidavit has been [is] filed by the tenant.
(d) A landlord may contest a pauper's affidavit on or before
the fifth day after the date the affidavit is filed. If the
landlord contests the affidavit, the [justice] court in which the
affidavit was filed shall notify the parties and hold a hearing to
determine whether the tenant is unable to pay the costs of appeal or
file an appeal bond. The hearing shall be held not later than the
fifth day after the date the landlord notifies the court clerk of
the landlord's contest. At the hearing, the tenant has the burden
to prove by competent evidence, including documents or credible
testimony of the tenant or others, that the tenant is unable to pay
the costs of appeal or file an appeal bond.
(e) If the [justice] court approves the pauper's affidavit
of a tenant filed under this section, the tenant is not required to
pay the [county court] filing fee in the court in which the appeal
is filed or file an additional affidavit in the appellate [county]
court under Subsection (a).
SECTION 8. Section 24.00521, Property Code, is amended to
read as follows:
Sec. 24.00521. CONTEST OF CERTAIN APPEAL BONDS [IN COUNTY
COURT]. (a) A contest under Section 24.00512 filed in a justice
court does not preclude a party from contesting the appeal bond in
the county court after the county court has jurisdiction over the
eviction suit.
(b) A contest under Section 24.00512 filed in a statutory
county court does not preclude a party from contesting the appeal
bond in the court of appeals after the court of appeals has
jurisdiction over the appeal of an eviction suit.
(c) After the county court has jurisdiction over the appeal
of an eviction suit or a court of appeals has jurisdiction over the
appeal of an eviction suit, the county court or court of appeals, as
applicable, may modify the amount or form of the bond and determine
the sufficiency of the surety.
SECTION 9. Sections 24.0053(a), (a-1), (a-2), (a-3), (b),
(c), (d), and (e), Property Code, are amended to read as follows:
(a) If a statutory county court or [the] justice court, as
applicable, enters judgment for the landlord in a residential
eviction case based on nonpayment of rent, the court shall
determine the amount of rent to be paid each rental pay period
during the pendency of any appeal and shall note that amount in the
judgment. If a portion of the rent is payable by a government
agency, the court shall determine and note in the judgment the
portion of the rent to be paid by the government agency and the
portion to be paid by the tenant. The court's determination shall
be in accordance with the terms of the rental agreement and
applicable laws and regulations. This subsection does not require
or prohibit payment of rent into the court registry or directly to
the landlord during the pendency of an appeal of an eviction case
based on grounds other than nonpayment of rent.
(a-1) In an eviction suit for nonpayment of rent, if a
tenant files a pauper's affidavit in the period prescribed by
Section 24.0052 or an appeal bond pursuant to the Texas Rules of
Civil Procedure, the [justice] court in which the affidavit or bond
is filed shall provide to the tenant a written notice at the time
the pauper's affidavit or [appeal] bond is filed that contains the
following information in bold or conspicuous type:
(1) the amount of the initial deposit of rent stated in
the judgment that the tenant must pay into the [justice] court
registry;
(2) whether the initial deposit must be paid in cash,
cashier's check, or money order, and to whom the cashier's check or
money order, if applicable, must be made payable;
(3) the calendar date by which the initial deposit
must be paid into the [justice] court registry;
(4) for a court that closes before 5 p.m. on the date
specified by Subdivision (3), the time the court closes; and
(5) a statement that failure to pay the required
amount into the [justice] court registry by the date prescribed by
Subdivision (3) may result in the court issuing a writ of possession
without a hearing.
(a-2) The date by which an initial deposit must be paid into
the [justice] court registry under Subsection (a-1)(3) must be
within five days of the date the tenant files the pauper's affidavit
as required by the Texas Rules of Civil Procedure.
(a-3) If a tenant files an appeal bond to appeal an eviction
for nonpayment of rent, the tenant must, not later than the fifth
day after the date the tenant filed the appeal bond, pay into the
[justice] court registry the amount of rent to be paid in one rental
pay period as determined by the court under Subsection (a). If the
tenant fails to timely pay that amount into the [justice] court
registry and the transcript has not yet been transmitted to the
[county] court in which the appeal is filed, the plaintiff may
request a writ of possession. On request and payment of the
applicable fee, the [justice] court that rendered the original
judgment shall issue the writ of possession immediately and without
a hearing. Regardless of whether a writ of possession is issued:
(1) a [, the] justice court shall transmit the
transcript and appeal documents to the county court for trial de
novo on issues relating to possession, rent, or attorney's fees; or
(2) a statutory county court shall transmit the
transcript and appeal documents to the court of appeals for an
appeal conducted in the same manner as the appeal of any other order
or other action of the court.
(b) If an eviction case is based on nonpayment of rent and
the tenant appeals by filing a pauper's affidavit, the tenant shall
pay the rent, as it becomes due, into the [justice] court [or the
county court] registry[, as applicable,] during the pendency of the
appeal, in accordance with the Texas Rules of Civil Procedure and
Subsection (a). If a government agency is responsible for all or a
portion of the rent under an agreement with the landlord, the tenant
shall pay only that portion of the rent determined by the [justice]
court under Subsection (a) to be paid by the tenant during appeal,
subject to either party's right to contest that determination under
Subsection (c).
(c) If an eviction case is based on nonpayment of rent and
the tenant's rent during the rental agreement term has been paid
wholly or partly by a government agency, either party may contest
the portion of the rent that the [justice] court determines must be
paid into the [county] court registry by the tenant under this
section. The contest must be filed on or before the fifth day after
the date the judge or justice, as applicable, signs the judgment.
If a contest is filed, not later than the fifth day after the date
the contest is filed the [justice] court shall notify the parties
and hold a hearing to determine the amount owed by the tenant in
accordance with the terms of the rental agreement and applicable
laws and regulations. After hearing the evidence, the [justice]
court shall determine the portion of the rent that must be paid by
the tenant under this section.
(d) If the tenant objects to a [the] justice court's ruling
under Subsection (c) on the portion of the rent to be paid by the
tenant during appeal, the tenant shall be required to pay only the
portion claimed by the tenant to be owed by the tenant until the
issue is tried de novo along with the case on the merits in county
court. If the tenant objects to a statutory county court's ruling
under Subsection (c) on the portion of the rent to be paid by the
tenant during appeal, the tenant shall be required to pay only the
portion claimed by the tenant to be owed by the tenant until the
appeal is final. During the pendency of an [the] appeal taken from
a justice court, either party may file a motion with the county
court to reconsider the amount of the rent that must be paid by the
tenant into the registry of the court.
(e) If either party files a contest under Subsection (c) and
the tenant files a pauper's affidavit that is contested by the
landlord under Section 24.0052(d), the [justice] court shall hold
the hearing on both contests at the same time.
SECTION 10. Sections 24.0054(a), (a-2), (a-3), (a-4), (b),
(c), (e), and (f), Property Code, are amended to read as follows:
(a) During an appeal of an eviction case for nonpayment of
rent, the [justice] court that rendered the original judgment, on
request, shall immediately issue a writ of possession, without
hearing, if:
(1) a tenant fails to pay the initial rent deposit into
the [justice] court registry within five days of the date the tenant
filed a pauper's affidavit as required by Rule 749b(1), Texas Rules
of Civil Procedure, and Section 24.0053;
(2) the [justice] court has provided the written
notice required by Section 24.0053(a-1); and
(3) the [justice] court has not yet forwarded the
transcript and original papers to the [county] court in which the
appeal is filed as provided by Subsection (a-2).
(a-2) The [justice] court that rendered the original
judgment shall forward the transcript and original papers in an
appeal [of an eviction case] to the [county] court hearing the
appeal but may not forward the transcript and original papers
before the sixth day after the date the tenant files a pauper's
affidavit, except that, if the court confirms that the tenant has
timely paid the initial deposit of rent into the [justice] court
registry in accordance with Section 24.0053, the court may forward
the transcript and original papers immediately. If the tenant has
not timely paid the initial deposit into the [justice] court
registry, the [justice] court, on request, shall issue a writ of
possession notwithstanding the fact that the tenant has perfected
an appeal by filing a pauper's affidavit that has been approved by
the court. If the court that rendered the original judgment is a
justice court, the [The] justice court shall forward the transcript
and original papers in the case to the county court for trial de
novo, notwithstanding the fact that a writ of possession under this
section has already been issued. If the court that rendered the
original judgment is a statutory county court, the county court
shall forward the transcript and original papers in the case to the
court of appeals, notwithstanding the fact that a writ of
possession under this section has already been issued.
(a-3) Notwithstanding Subsections (a) and (a-2), the
[justice] court that rendered the original judgment may not issue a
writ of possession if the tenant has timely deposited the tenant's
portion of the rent claimed by the tenant under Section 24.0053(d).
(a-4) During an appeal of an eviction case for nonpayment of
rent, if a tenant fails to pay rent into the [justice] court [or
county court] registry as the rent becomes due under the rental
agreement in accordance with the Texas Rules of Civil Procedure and
Section 24.0053, the landlord may file with the [county] court
hearing the appeal a sworn motion that the tenant failed to pay rent
as required. The landlord shall notify the tenant of the motion and
the hearing date.
(b) If the [county] court hearing the appeal finds that the
tenant has not complied with the payment requirements of the Texas
Rules of Civil Procedure and Section 24.0053, the [county] court
shall immediately issue a writ of possession unless on or before the
day of the hearing the tenant pays into the court registry:
(1) all rent not paid in accordance with the Texas
Rules of Civil Procedure and Section 24.0053; and
(2) the landlord's reasonable attorney's fees, if any,
in filing the motion.
(c) If the court finds that a tenant has failed to timely pay
the rent into the court registry on more than one occasion:
(1) the tenant is not entitled to stay the issuance of
the writ by paying the rent and the landlord's reasonable attorney's
fees, if any; and
(2) the [county] court hearing the appeal shall
immediately issue a writ of possession.
(e) In a motion or hearing under Subsection (a-4), or in a
motion to dismiss an appeal of an eviction case [in county court],
other than a motion to dismiss an appeal filed in a court of
appeals, the parties may represent themselves or be represented by
their authorized agents, who need not be attorneys.
(f) During the appeal of an eviction case, if a government
agency is responsible for payment of a portion of the rent and does
not pay that portion to the landlord or into the [justice] court [or
county court] registry, the landlord may file a motion with the
[county] court hearing the appeal requesting that the tenant be
required to pay into the [county] court registry, as a condition of
remaining in possession, the full amount of each rental period's
rent, as it becomes due under the rental agreement. After notice
and hearing, the court shall grant the motion if the landlord proves
by credible evidence that:
(1) a portion of the rent is owed by a government
agency;
(2) the portion of the rent owed by the government
agency is unpaid;
(3) the landlord did not cause wholly or partly the
agency to cease making the payments;
(4) the landlord did not cause wholly or partly the
agency to pay the wrong amount; and
(5) the landlord is not able to take reasonable action
that will cause the agency to resume making the payments of its
portion of the total rent due under the rental agreement.
SECTION 11. Section 24.0062(i), Property Code, is amended
to read as follows:
(i) Before the sale of the property by the warehouseman, the
tenant may file suit in the [justice] court in which the eviction
judgment was rendered, or in another court of competent
jurisdiction in the county in which the rental premises are
located, to recover the property described by Subsection (e) on the
ground that the landlord failed to return the property after timely
demand and payment by the tenant, as provided by this section.
Before sale, the tenant may also file suit to recover all property
moved or stored by the warehouseman on the ground that the amount of
the warehouseman's moving or storage charges is not reasonable.
All proceedings under this subsection have precedence over other
matters on the court's docket. The [justice] court that issued the
writ of possession has jurisdiction under this section regardless
of the amount in controversy.
SECTION 12. Section 24.007, Property Code, is amended to
read as follows:
Sec. 24.007. APPEAL. (a) A final judgment of a county
court in an eviction suit originally filed in a justice court may
not be appealed on the issue of possession unless the premises in
question are being used for residential purposes only. A judgment
of a county court in an eviction case originally filed in a justice
court 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) A final judgment of a court of appeals in an eviction
suit originally filed in a statutory county court may not be further
appealed on the issue of possession unless the premises in question
are being used for residential purposes only. A judgment of a court
of appeals in an appeal taken from an eviction case originally filed
in a statutory county court 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 court of appeals. In setting the supersedeas bond the court of
appeals 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.
SECTION 13. Section 24.011(a), Property Code, is amended to
read as follows:
(a) In eviction suits in a statutory county court or justice
court for nonpayment of rent or holding over beyond a rental term,
the parties may represent themselves or be represented by their
authorized agents, who need not be attorneys. In any eviction suit
in a statutory county court or justice court, an authorized agent
requesting or obtaining a default judgment need not be an attorney.
SECTION 14. Section 501.0521(a), Transportation Code, is
amended to read as follows:
(a) A justice of the peace or municipal court judge may not
issue an order related to a title except as provided by Chapter 47,
Code of Criminal Procedure, or Section 27.031(a)(2)
[27.031(a)(3)], Government Code.
SECTION 15. The changes in law made by this Act apply only
to a forcible entry and detainer or a forcible detainer suit filed
on or after the effective date of this Act. A suit filed before the
effective date of this Act is governed by the law in effect on the
date the suit was filed, and the former law is continued in effect
for that purpose.
SECTION 16. This Act takes effect September 1, 2023.