Texas 2023 - 88th Regular

Texas House Bill HB4771

Filed
3/10/23  
Out of House Committee
5/2/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.

Impact

If enacted, HB 4771 would not only increase access to legal resources for tenants facing eviction but also potentially lead to better outcomes in housing stability. The bill allows local governments the discretion to fund these services, which may also include partnering with non-profit organizations. Advocates argue that this could reduce the eviction rates and improve overall community health by addressing the legal struggles of low-income families and individuals with disabilities directly.

Summary

House Bill 4771 aims to empower local governments in Texas to create and fund tenant legal services offices. The primary goal is to provide legal representation and support to low-income and disabled tenants, particularly in eviction cases or instances of discrimination. Given that nine out of the top 100 cities with the highest eviction rates are in Texas, this bill responds to a significant gap in tenant representation, which currently sits at a stark 3% compared to 80% for landlords. By establishing these offices, the bill seeks to enhance equitable access to legal support for vulnerable populations.

Sentiment

The sentiment surrounding HB 4771 is generally supportive, particularly among advocates for low-income citizens and those concerned with housing rights. Many view it as a crucial step toward social justice and addressing systemic inequities in legal representation. However, there are dissenting voices raised about the funding implications for local governments and concerns that it may impose additional burdens in terms of mandates, though proponents argue that it allows for local choice rather than being a strict requirement.

Contention

Notably, the bill has faced challenges in the legislative process, including a motion to engross it which failed, reflecting some hesitation among lawmakers. A key area of contention revolves around the fear that establishing such legal services may be viewed as an unfunded mandate, impacting budgets at the local level. However, supporters counter that the bill explicitly allows for flexibility in funding these services, ensuring no undue financial strain is placed on local governments.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 5. Types Of Municipalities In General
    • Section: New Section

Government Code

  • Chapter 791. Interlocal Cooperation Contracts
    • Section: New Section

Property Code

  • Chapter 301. Texas Fair Housing Act
    • Section: 025

Companion Bills

No companion bills found.

Previously Filed As

TX HB4125

Relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.

TX HB1063

Relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.

Similar Bills

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

TX HB3920

Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.

MS HB1218

MS Office of Capital Post-Conviction Counsel; clarify the practice limitations of.

TX HB1605

Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.

TX HB937

Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.

TX HB2647

Relating to the establishment of the inmate legal services office and to the appointment and compensation of certain legal counsel for certain indigent inmates and other persons in secure correctional facilities.

TX HB4125

Relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.

TX HB1063

Relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.