Texas 2023 - 88th Regular

Texas House Bill HB5043 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R15194 PRL-F
2	2	By: Garcia H.B. No. 5043
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to expedited forcible detainer suits to evict certain
8	8	occupants of a dwelling.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 24, Property Code, is amended by adding
11	11	Section 24.012 to read as follows:
12	12	Sec. 24.012. FORCIBLE DETAINER SUITS AGAINST CERTAIN
13	13	OCCUPANTS OF A DWELLING. (a) Notwithstanding any other law, a
14	14	person with the right of possession of a dwelling may file a
15	15	forcible detainer suit to remove an occupant of the dwelling who:
16	16	(1) is not the property owner;
17	17	(2) is not entitled to occupy the dwelling under a
18	18	written lease or oral rental agreement with:
19	19	(A) the landlord; or
20	20	(B) another person entitled to occupy the
21	21	dwelling under a written lease or oral rental agreement with the
22	22	landlord; and
23	23	(3) does not pay rent.
24	24	(b) A person is not required to comply with any oral or
25	25	written notice requirement of this chapter or any other law before
26	26	the person files a forcible detainer suit under this section.
27	27	(c) A person who files a forcible detainer suit under this
28	28	section is entitled to a judgment for possession and a writ of
29	29	possession under Section 24.0061 if the person presents to the
30	30	court:
31	31	(1) a copy of one or more of the following orders
32	32	protecting the person filing the suit or a tenant or lawful occupant
33	33	of the dwelling from family violence alleged to have been committed
34	34	by the person whose eviction is sought:
35	35	(A) a temporary injunction issued under
36	36	Subchapter F, Chapter 6, Family Code;
37	37	(B) a temporary ex parte order issued under
38	38	Chapter 83, Family Code;
39	39	(C) a protective order issued under Chapter 85,
40	40	Family Code; or
41	41	(D) an order of emergency protection under
42	42	Article 17.292, Code of Criminal Procedure;
43	43	(2) a copy of documentation of the family violence
44	44	described against the person filing the suit or a tenant or lawful
45	45	occupant of the dwelling by the person whose eviction is sought
46	46	from:
47	47	(A) a licensed health care services provider who
48	48	examined the victim;
49	49	(B) a licensed mental health services provider
50	50	who examined or evaluated the victim; or
51	51	(C) an advocate as defined by Section 93.001,
52	52	Family Code, who assisted the victim;
53	53	(3) if the person filing the suit or a tenant or lawful
54	54	occupant of the dwelling is a victim or a parent or guardian of a
55	55	victim of sexual assault under Section 22.011, Penal Code,
56	56	aggravated sexual assault under Section 22.021, Penal Code,
57	57	indecency with a child under Section 21.11, Penal Code, sexual
58	58	performance by a child under Section 43.25, Penal Code, continuous
59	59	sexual abuse of young child or disabled individual under Section
60	60	21.02, Penal Code, or an attempt to commit any of the preceding
61	61	offenses under Section 15.01, Penal Code, that takes place during
62	62	the preceding six-month period at the dwelling or on the dwelling
63	63	premises, that is alleged to have been committed by the person whose
64	64	eviction is sought, a copy of:
65	65	(A) documentation of the assault or abuse, or
66	66	attempted assault or abuse, of the victim from a licensed health
67	67	care services provider who examined the victim;
68	68	(B) documentation of the assault or abuse, or
69	69	attempted assault or abuse, of the victim from a licensed mental
70	70	health services provider who examined or evaluated the victim;
71	71	(C) documentation of the assault or abuse, or
72	72	attempted assault or abuse, of the victim from an individual
73	73	authorized under Chapter 420, Government Code, who provided
74	74	services to the victim; or
75	75	(D) documentation of a protective order issued
76	76	under Subchapter A, Chapter 7B, Code of Criminal Procedure, except
77	77	for a temporary ex parte order;
78	78	(4) if the person filing the suit or a tenant or lawful
79	79	occupant of the dwelling is a victim or a parent or guardian of a
80	80	victim of stalking under Section 42.072, Penal Code, that takes
81	81	place during the preceding six-month period at the dwelling or on
82	82	the dwelling premises, that is alleged to have been committed by the
83	83	person whose eviction is sought, a copy of:
84	84	(A) documentation of a protective order issued
85	85	under Subchapter A or B, Chapter 7B, Code of Criminal Procedure,
86	86	except for a temporary ex parte order; or
87	87	(B) documentation of the stalking from a provider
88	88	of services described by Subdivision (1), (2), or (3) and:
89	89	(i) a law enforcement incident report or,
90	90	if a law enforcement incident report is unavailable, another record
91	91	maintained in the ordinary course of business by a law enforcement
92	92	agency; and
93	93	(ii) if the report or record described by
94	94	Paragraph (A) identifies the victim by means of a pseudonym, as
95	95	defined by Article 58.001, Code of Criminal Procedure, a copy of a
96	96	pseudonym form completed and returned under Article 58.152(a) of
97	97	that code; or
98	98	(5) evidence showing that the person whose eviction is
99	99	sought has been convicted of either:
100	100	(A) a violent offense, including:
101	101	(i) aggravated assault under Section 22.02,
102	102	Penal Code;
103	103	(ii) robbery under Section 29.02, Penal
104	104	Code;
105	105	(iii) murder under Section 19.02, Penal
106	106	Code; or
107	107	(iv) an attempt to commit any of the
108	108	preceding offenses under Section 15.01, Penal Code; or
109	109	(B) a sex offense, including:
110	110	(i) sexual assault under Section 22.011,
111	111	Penal Code;
112	112	(ii) aggravated sexual assault under
113	113	Section 22.021, Penal Code;
114	114	(iii) indecency with a child under Section
115	115	21.11, Penal Code;
116	116	(iv) sexual performance by a child under
117	117	Section 43.25, Penal Code;
118	118	(v) continuous sexual abuse of a young
119	119	child or disabled individual under Section 21.02, Penal Code; or
120	120	(vi) an attempt to commit any of the
121	121	preceding offenses under Section 15.01, Penal Code.
122	122	(d) A court shall expedite a hearing on a suit filed under
123	123	this section.
124	124	SECTION 2. This Act takes effect September 1, 2023.