89R6006 SCR-D
By: Bettencourt, et al. S.B. No. 38
A BILL TO BE ENTITLED
AN ACT
relating to the eviction from real property of certain persons not
entitled to enter, occupy, or remain in possession of the premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.004, Property Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (b), a justice court in
the precinct in which the real property is located or in a precinct
in the county in which the real property is located that is adjacent
to the precinct in which the real property is located has
jurisdiction in eviction suits. Eviction suits include forcible
entry and detainer and forcible detainer suits. A justice court has
jurisdiction to issue a writ of possession under Sections 24.0051,
24.0054(a), and 24.0061 [(a-2), and (a-3)].
(c) A justice court in which a petition is filed under
Section 24.00505 must adjudicate the right to actual possession of
the premises. The justice court may not adjudicate title to the
premises. Counterclaims and the joinder of suits against third
parties are not permitted in eviction suits. This subsection does
not preclude a claim that may not be asserted under this subsection
from being brought in a separate suit in a court of proper
jurisdiction.
SECTION 2. Chapter 24, Property Code, is amended by adding
Section 24.0041 to read as follows:
Sec. 24.0041. AUTHORITY TO MODIFY OR SUSPEND EVICTION
PROCEDURES. Notwithstanding any other law, including Section
22.004, Government Code, only the legislature may modify or suspend
procedures prescribed by this chapter.
SECTION 3. The heading to Section 24.005, Property Code, is
amended to read as follows:
Sec. 24.005. NOTICE REQUIRED BEFORE [TO VACATE PRIOR TO]
FILING CERTAIN EVICTION SUITS [SUIT].
SECTION 4. Section 24.005, Property Code, is amended by
amending Subsections (a), (b), and (e) and adding Subsections (c-1)
and (f-3) to read as follows:
(a) In a forcible detainer suit against a tenant whose right
of possession is terminated based on nonpayment of rent [If the
occupant is a tenant under a written lease or oral rental
agreement], the landlord must give the [a] tenant [who defaults or
holds over beyond the end of the rental term or renewal period] at
least three days' written notice [to vacate the premises] before
the landlord files a forcible detainer suit, unless the parties
have contracted for a shorter or longer notice period in a written
lease or agreement. Written notice under this section may be given
in the form of a notice to pay rent or vacate or a notice to vacate.
A landlord who files a forcible detainer suit on grounds other than
nonpayment of rent is not required to give presuit notice under this
chapter [that the tenant is holding over beyond the end of the
rental term or renewal period must also comply with the tenancy
termination requirements of Section 91.001].
(b) [If the occupant is a tenant at will or by sufferance,
the landlord must give the tenant at least three days' written
notice to vacate before the landlord files a forcible detainer suit
unless the parties have contracted for a shorter or longer notice
period in a written lease or agreement.] If a building is purchased
at a tax foreclosure sale or a trustee's foreclosure sale under a
lien superior to the tenant's lease and the tenant timely pays rent
and is not otherwise in default under the tenant's lease after
foreclosure, the purchaser must give a residential tenant of the
building at least 30 days' written notice to vacate if the purchaser
chooses not to continue the lease. The tenant is considered to
timely pay the rent under this subsection if, during the month of
the foreclosure sale, the tenant pays the rent for that month to the
landlord before receiving any notice that a foreclosure sale is
scheduled during the month or pays the rent for that month to the
foreclosing lienholder or the purchaser at foreclosure not later
than the fifth day after the date of receipt of a written notice of
the name and address of the purchaser that requests payment. Before
a foreclosure sale, a foreclosing lienholder may give written
notice to a tenant stating that a foreclosure notice has been given
to the landlord or owner of the property and specifying the date of
the foreclosure.
(c-1) If an applicable federal law or rule requires a
landlord to give a tenant entitled to presuit notice under this
section a longer presuit notice period than is required by this
section, the notice period under this section runs concurrently
with the notice period prescribed by the federal law.
(e) If the lease or applicable law requires a [the] landlord
to give a tenant entitled to presuit notice under this section an
opportunity to respond to a notice of proposed eviction before
filing an eviction suit:
(1) the notice period in a notice to pay rent or vacate
or[, a] notice to vacate under Subsection (a) may, at the landlord's
discretion, run concurrently with [not be given until] the period
provided for the tenant to respond to the notice of proposed
eviction; and
(2) the notice to pay rent or vacate or notice to
vacate may include the required opportunity to respond to the
notice of proposed eviction [notice has expired].
(f-3) A notice required by this section must be delivered:
(1) in any manner the parties agree to in writing; or
(2) if no agreement is made in writing:
(A) in any other manner in which the tenant has
communicated in writing with the landlord; or
(B) if the tenant has not communicated in writing
with the landlord, in a manner reasonably expected to provide
actual notice.
SECTION 5. Chapter 24, Property Code, is amended by adding
Section 24.00505 to read as follows:
Sec. 24.00505. PETITION. (a) To initiate an eviction suit,
a sworn petition must be filed with the court. The petition must
include:
(1) the name of the plaintiff;
(2) the name, address, telephone number, and e-mail
address, if any, of the plaintiff's attorney, if applicable, or the
address, telephone number, and e-mail address, if any, of the
plaintiff;
(3) the name, address, and telephone number, if known,
of the defendant or, if the defendant is not known, a statement that
the plaintiff does not know the name of the defendant;
(4) a description, including the address, if any, of
the premises of which the plaintiff seeks possession;
(5) a description of the facts and the grounds for
eviction;
(6) if required, a description of when and how the
notice to pay rent or vacate or notice to vacate was delivered;
(7) the amount of money, if any, the plaintiff seeks;
(8) if unpaid rent is sought, the amount of the monthly
rent, when the monthly rent is due, and the total amount of rent
unpaid at the time of filing;
(9) a statement that attorney's fees are being sought,
if applicable; and
(10) a statement consenting to e-mail service and
providing e-mail contact information.
(b) The court may not:
(1) require content in the petition other than content
required by this section; or
(2) dismiss an eviction suit on the basis that a
petition is improper if the petition:
(A) meets the requirements of this section; or
(B) can be amended to meet the requirements of
this section.
SECTION 6. Section 24.0051, Property Code, is amended to
read as follows:
Sec. 24.0051. PROCEDURES APPLICABLE IN EVICTION SUIT;
RECOVERY OF [TO EVICT AND RECOVER] UNPAID RENT. (a) In a suit filed
in justice court in which the plaintiff [landlord] files a sworn
statement seeking judgment against a defendant [tenant] for
possession of the premises and unpaid rent, personal service on the
defendant [tenant] or substituted service on the defendant [tenant]
under the [Rule 742a,] Texas Rules of Civil Procedure[,] is
procedurally sufficient to support a default judgment for
possession of the premises and unpaid rent.
(b) A plaintiff [landlord] may recover unpaid rent under
this section regardless of whether the defendant [tenant] vacated
the premises after the date the plaintiff [landlord] filed the
sworn statement and before the date the court renders judgment.
(c) In a suit to recover possession of the premises, whether
or not unpaid rent is claimed, the citation [required by Rule 739,
Texas Rules of Civil Procedure,] must include the following notice
to the defendant:
FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING
ENTERED AGAINST YOU.
(d) In a suit described by Subsection (c), the citation
[required by Rule 739, Texas Rules of Civil Procedure,] must
include the following notice to the defendant on the first page of
the citation in English and Spanish and in conspicuous bold print:
SUIT TO EVICT
THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A PERSON
[TENANT] WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL
RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING
THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET
SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.
CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED
HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN
ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
ASSISTANCE.
(e) An eviction suit may be served by:
(1) a sheriff or constable, including a deputy sheriff
or deputy constable;
(2) any other law enforcement officer, including an
off-duty officer retained by the plaintiff for that purpose; or
(3) a process server authorized to serve other civil
process in this state.
(f) The court:
(1) shall hold the trial of an eviction suit on a date
that is not earlier than the 10th day or later than the 21st day
after the date the petition is filed; and
(2) may not hold the trial on a date that is earlier
than the third day after the date the defendant is served with the
petition.
SECTION 7. Chapter 24, Property Code, is amended by adding
Sections 24.005105, 24.005106, and 24.005107 to read as follows:
Sec. 24.005105. ELECTRONIC PROCEEDINGS. A justice court
may allow or require a participant in an eviction suit to appear at,
and a judge may hold, a court proceeding in the suit by
videoconference, teleconference, or other available electronic
means. A judge holding a court proceeding under this section by
videoconference, teleconference, or other available electronic
means is not required to conduct the court proceeding from the
judge's office.
Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) A
plaintiff that files a sworn petition under Section 24.00505 may
include with the petition a sworn motion for summary disposition
without trial. The motion must set out all supporting facts, and
documents on which the motion relies must be attached. If the
motion shows that there are no genuinely disputed facts that would
prevent a judgment in favor of the plaintiff, the court shall, not
later than the 10th day after the date the plaintiff files the
petition and motion, enter judgment in favor of the plaintiff
without a trial unless:
(1) not later than the third day after the date the
defendant is served with the plaintiff's sworn petition, the
defendant files a sworn written response setting out all supporting
facts and attaching all documents on which the response relies; and
(2) the justice court determines that, based on the
plaintiff's sworn petition and the defendant's sworn response,
there are genuinely disputed facts that would prevent a judgment in
favor of the plaintiff.
(b) The justice court:
(1) may enter judgment for the plaintiff regardless of
the defendant's sworn response if the response does not show there
is a genuinely disputed fact that would prevent judgment in favor of
the plaintiff; and
(2) may not consider a response filed by the defendant
later than the third day after the date the defendant was served
with the plaintiff's sworn petition and motion.
(c) If the justice court determines that there are genuinely
disputed facts that would prevent a judgment in favor of the
plaintiff, the justice court shall set a trial date that is not
earlier than the 10th day and not later than the 21st day after the
date the petition and motion are filed by the plaintiff.
(d) A writ of possession issued after entry of judgment in
favor of the plaintiff on summary disposition under this section
may not be executed before the fourth day after the date the
defendant is served with the petition.
Sec. 24.005107. APPEAL TO COUNTY COURT. (a) A party may
appeal the judgment of a justice court in an eviction suit by filing
a notice of appeal and a bond, cash deposit, or statement of
inability to afford payment of court costs with the justice court
not later than the fifth day after the date the judgment is signed.
A defendant who files a notice of appeal must affirm in the notice,
under penalty of perjury, the defendant's good faith belief that
the defendant has a meritorious defense and that the appeal is not
for the purpose of delay. An appeal is perfected when a notice of
appeal and a bond, cash deposit, or statement of inability to afford
payment of court costs are timely filed with the justice court in
accordance with this section.
(b) The justice court shall forward the transcript and
original papers in an appeal of an eviction case to the county court
but may not forward the transcript and original papers before the
sixth day after the date the defendant files a notice of appeal,
except that, if the court confirms that the defendant has timely
paid the initial rent payment into the justice court registry in
accordance with Section 24.0053, the court may forward the
transcript and original papers immediately.
(c) The county court shall hold a trial not later than the
21st day after the date the transcript and original papers are
delivered to the county court.
SECTION 8. Section 24.00511(a), Property Code, is amended
to read as follows:
(a) In a residential eviction suit [for nonpayment of rent],
the justice court 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 9. Sections 24.00512(f) and (g), Property Code, are
amended to read as follows:
(f) If an appeal of a decision disapproving the appeal bond
is filed, 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. The failure of 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 county court
issues a final decision on the appeal bond, except as provided by
Section 24.0054.
(g) After the contest is heard by the county court, the
county clerk shall transmit the transcript and records of the case
to the justice court. If the county court 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 in an amount determined by the county court or by
filing a sworn statement of inability to pay with the justice court
pursuant to the Texas Rules of Civil Procedure. If the defendant
[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 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 plaintiff
[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 becomes final. If the appeal bond
is approved by the county court, the court shall transmit the
transcript and other records of the case to the justice court, and
the justice court shall proceed as if the appeal bond was originally
approved.
SECTION 10. Section 24.0052, Property Code, is amended to
read as follows:
Sec. 24.0052. DEFENDANT [TENANT] APPEAL ON PAUPER'S
AFFIDAVIT. (a) If a defendant [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 defendant
[tenant] may appeal the judgment of the justice court by filing with
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 defendant
[tenant] is unable to pay the costs of appeal or file an appeal
bond. The affidavit must contain the following information:
(1) the defendant's [tenant's] identity;
(2) the nature and amount of the defendant's
[tenant's] employment income;
(3) the income of the defendant's [tenant's] spouse,
if applicable and available to the defendant [tenant];
(4) the nature and amount of any governmental
entitlement income of the defendant [tenant];
(5) all other income of the defendant [tenant];
(6) the amount of available cash and funds available
in savings or checking accounts of the defendant [tenant];
(7) real and personal property owned by the defendant
[tenant], other than household furnishings, clothes, tools of a
trade, or personal effects;
(8) the defendant's [tenant's] debts and monthly
expenses; and
(9) the number and age of the defendant's [tenant's]
dependents and where those dependents reside.
(b) 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 shall promptly notify the plaintiff
[landlord] if a pauper's affidavit is filed by the defendant
[tenant].
(d) A plaintiff [landlord] may contest a pauper's affidavit
on or before the fifth day after the date the affidavit is filed. If
the plaintiff [landlord] contests the affidavit, the justice court
shall notify the parties and hold a hearing to determine whether the
defendant [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 plaintiff [landlord] notifies the court clerk of
the plaintiff's [landlord's] contest. At the hearing, the
defendant [tenant] has the burden to prove by competent evidence,
including documents or credible testimony of the defendant [tenant]
or others, that the defendant [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 defendant [tenant], the defendant [tenant] is not required to pay
the county court filing fee or file an additional affidavit in the
county court under Subsection (a).
SECTION 11. 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 the justice court enters judgment for the plaintiff
[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 defendant [tenant]. The court's
determination shall be in accordance with the terms of the rental
agreement and applicable laws and regulations. If there is no
rental agreement, the court shall determine:
(1) the rental pay period; and
(2) the amount of rent to be paid by the defendant in
each rental pay period, which must be the greater of:
(A) $500; or
(B) the fair market rent, if determined by the
court. [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) If [In an eviction suit for nonpayment of rent, if] a
defendant [tenant] files an appeal of a justice court's judgment in
an eviction suit [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 shall provide to the defendant
[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 defendant [tenant] must pay into the
justice court or county court registry, as applicable, during the
pendency of the appeal;
(2) whether the rent [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 rent [initial
deposit] must be paid into the justice court or county court
registry, as applicable;
(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 or county court registry, as
applicable, by the date prescribed by Subdivision (3) may result in
the justice court or county court issuing a writ of possession
without a hearing.
(a-2) The defendant shall:
(1) not later than the fifth day after the date the
defendant files a notice of appeal, pay rent for one rental pay
period into the justice court registry; and
(2) on or before the beginning of each rental pay
period during the pendency of the appeal, pay rent for one rental
pay period into the justice court or county court registry, as
applicable, according to the court in which the case is pending at
the time of payment [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) The justice court or county court, as applicable,
shall disburse rent paid into the justice court or county court
registry to the plaintiff on request at any time during or after the
pendency of the appeal [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, the plaintiff may request a writ of possession. On
request and payment of the applicable fee, the justice court shall
issue the writ of possession immediately and without a hearing.
Regardless of whether a writ of possession is issued, 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].
(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 plaintiff
[landlord], the defendant [tenant] shall pay only that portion of
the rent determined by the justice court under Subsection (a) to be
paid by the defendant [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 defendant's [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
defendant [tenant] under this section. The contest must be filed on
or before the fifth day after the date the justice 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
defendant [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 defendant [tenant] under this section.
(d) [If the tenant objects to 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.] During the pendency of the appeal, either party may file a
motion with the county court to reconsider the amount of the rent
that must be paid by the defendant [tenant] into the registry of the
court.
(e) If either party files a contest under Subsection (c) and
the defendant [tenant] files a pauper's affidavit that is contested
by the plaintiff [landlord] under Section 24.0052(d), the justice
court shall hold the hearing on both contests at the same time.
SECTION 12. The heading to Section 24.0054, Property Code,
is amended to read as follows:
Sec. 24.0054. DEFENDANT'S [TENANT'S] FAILURE TO PAY RENT
DURING APPEAL.
SECTION 13. Section 24.0054, Property Code, is amended by
amending Subsections (a), (a-1), (a-2), and (f) and adding
Subsection (g) to read as follows:
(a) During an appeal of an eviction case [for nonpayment of
rent], the justice court or county court, as applicable, on request
shall immediately issue a writ of possession, without hearing, if[:
[(1)] a defendant [tenant] fails to pay [the initial]
rent [deposit] into the appropriate [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 and [;
[(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 as provided by
Subsection (a-2)].
(a-1) The sheriff, the [or] constable, or another law
enforcement officer shall execute a writ of possession under
Subsection (a) in accordance with Sections 24.0061(d) through (h).
The plaintiff [landlord] shall bear the costs of issuing and
executing the writ of possession.
(a-2) If the justice court issues a writ of possession under
this section, the [The justice court shall forward the transcript
and original papers in an appeal of an eviction case to the county
court 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.
The] justice court shall forward the transcript and original papers
in the eviction case to the county court for trial de novo to
resolve any remaining issues in the case, such as rent or attorney's
fees, notwithstanding the fact that the [a] writ [of possession
under this section] has [already] been issued or executed.
(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 plaintiff [landlord] or into the justice
court or county court registry, the plaintiff [landlord] may file a
motion with the county court requesting that the defendant [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 plaintiff
[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 plaintiff [landlord] did not cause wholly or
partly the agency to cease making the payments; and
(4) the plaintiff [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].
(g) For the purpose of the county court's determination
whether to grant the plaintiff's motion under Subsection (f), the
county court may not consider the plaintiff's pursuit of the
eviction process to be a cause of the agency ceasing to make the
payments or paying the wrong amount.
SECTION 14. Sections 24.006(a), (b), and (c), Property
Code, are amended to read as follows:
(a) Except as provided by Subsection (b), to be eligible to
recover attorney's fees in an eviction suit, the person seeking to
recover possession of a premises [a landlord] must give an occupant
[a tenant] who is unlawfully retaining possession of the
[landlord's] premises a written demand to vacate the premises. The
demand must state that if the occupant [tenant] does not vacate the
premises before the 11th day after the date of receipt of the notice
and if the person seeking to recover possession of the premises
[landlord] files suit, the person seeking to recover possession of
the premises [landlord] may recover attorney's fees. The demand
must be sent by registered mail or by certified mail, return receipt
requested, at least 10 days before the date the suit is filed.
(b) If a person seeking to recover possession of the
premises [the landlord] provides the occupant [tenant] notice under
Subsection (a) or if the person is a landlord under a written lease
that entitles the landlord to recover attorney's fees, the person
[a prevailing landlord] is entitled to recover reasonable
attorney's fees if the person prevails in the eviction suit [from
the tenant].
(c) If a person seeking to recover possession of the
premises is a [the] landlord under [provides the tenant notice
under Subsection (a) or if] a written lease that entitles the
landlord or the tenant to recover attorney's fees, the [prevailing]
tenant is entitled to recover reasonable attorney's fees from the
landlord if the tenant prevails in the eviction suit. A
[prevailing] tenant is not required to give notice in order to
recover attorney's fees under this subsection.
SECTION 15. Sections 24.0061(a), (b), (c), (d), (d-1), (e),
(f), (h), and (i), Property Code, are amended to read as follows:
(a) A plaintiff [landlord] who prevails in an eviction suit
is entitled to a judgment for possession of the premises and a writ
of possession. In this chapter, "premises" means:
(1) a [the] unit that is occupied or rented; or
(2) [and] any outside area or facility:
(A) that a [the] tenant is entitled to use under a
written lease or oral rental agreement;
(B)[, or] that is held out for the use of tenants
generally; or
(C) that is occupied by or in the possession of
the person against whom the eviction suit is filed.
(b) A writ of possession may not be issued before the sixth
day after the date on which the judgment for possession is rendered
unless a possession bond has been filed and approved under the Texas
Rules of Civil Procedure [and judgment for possession is thereafter
granted by default]. If judgment in favor of the plaintiff is
entered by summary disposition under Section 24.005106, a writ of
possession may not be issued before the day after the date of the
judgment. The writ of possession may be served by a sheriff,
constable, or other law enforcement officer, including an off-duty
law enforcement officer retained by the plaintiff for that purpose.
(c) The court shall notify a defendant [tenant] in writing
of a default judgment for possession by sending a copy of the
judgment to the premises by first class mail not later than 48 hours
after the entry of the judgment.
(d) The writ of possession shall order the officer executing
the writ to:
(1) post a written warning of at least 8-1/2 by 11
inches on the exterior of the front door of the rental unit
notifying the defendant [tenant] that the writ has been issued and
that the writ will be executed on or after a specific date and time
stated in the warning not sooner than 24 hours after the warning is
posted; and
(2) when the writ is executed:
(A) deliver possession of the premises to the
plaintiff [landlord];
(B) instruct the defendant [tenant] and all
persons claiming under the defendant [tenant] to leave the premises
immediately, and, if the persons fail to comply, physically remove
them;
(C) instruct the defendant [tenant] to remove or
to allow the plaintiff [landlord], the plaintiff's [landlord's]
representatives, or other persons acting under the officer's
supervision to remove all personal property from the rental unit
other than personal property claimed to be owned by the plaintiff
[landlord]; and
(D) place, or have an authorized person place,
the removed personal property outside the rental unit at a nearby
location, but not blocking a public sidewalk, passageway, or street
and not while it is raining, sleeting, or snowing, except as
provided by Subsection (d-1).
(d-1) A municipality may provide, without charge to the
plaintiff [landlord] or to the owner of personal property removed
from a rental unit under Subsection (d), a portable, closed
container into which the removed personal property shall be placed
by the officer executing the writ or by the authorized person. The
municipality may remove the container from the location near the
rental unit and dispose of the contents by any lawful means if the
owner of the removed personal property does not recover the
property from the container within a reasonable time after the time
the property is placed in the container.
(e) The writ of possession shall authorize the officer, at
the officer's discretion, to engage the services of a bonded or
insured warehouseman to remove and store, subject to applicable
law, part or all of the property at no cost to the plaintiff
[landlord] or the officer executing the writ.
(f) The officer may not require the plaintiff [landlord] to
store the property.
(h) An officer [A sheriff or constable] may use reasonable
force in executing a writ under this section.
(i) A plaintiff [landlord] is not liable for damages to the
defendant [tenant] resulting from the enforcement of a judgment in
favor of the plaintiff under this chapter including the execution
of a writ of possession by an officer under this section.
SECTION 16. Sections 24.0062(a), (b), (d), (e), (g), and
(i), Property Code, are amended to read as follows:
(a) If personal property is removed from a defendant's
[tenant's] premises as the result of an action brought under this
chapter and stored in a bonded or insured public warehouse, the
warehouseman has a lien on the property to the extent of any
reasonable storage and moving charges incurred by the warehouseman.
The lien does not attach to any property until the property has been
stored by the warehouseman.
(b) If property is to be removed and stored in a public
warehouse under a writ of possession, the officer executing the
writ shall, at the time of execution, deliver in person to the
defendant [tenant], or by first class mail to the defendant's
[tenant's] last known address not later than 72 hours after
execution of the writ if the defendant [tenant] is not present, a
written notice stating the complete address and telephone number of
the location at which the property may be redeemed and stating that:
(1) the defendant's [tenant's] property is to be
removed and stored by a public warehouseman under Section 24.0062
of the Property Code;
(2) the defendant [tenant] may redeem any of the
property, without payment of moving or storage charges, on demand
during the time the warehouseman is removing the property from the
defendant's [tenant's] premises and before the warehouseman
permanently leaves the defendant's [tenant's] premises;
(3) within 30 days from the date of storage, the
defendant [tenant] may redeem any of the property described by
Section 24.0062(e), Property Code, on demand by the defendant
[tenant] and on payment of the moving and storage charges
reasonably attributable to the items being redeemed;
(4) after the 30-day period and before sale, the
defendant [tenant] may redeem the property on demand by the
defendant [tenant] and on payment of all moving and storage
charges; and
(5) subject to the previously stated conditions, the
warehouseman has a lien on the property to secure payment of moving
and storage charges and may sell all the property to satisfy
reasonable moving and storage charges after 30 days, subject to the
requirements of Section 24.0062(j) of the Property Code.
(d) On demand by the defendant [tenant] during the time the
warehouseman is removing the property from the defendant's
[tenant's] premises and before the warehouseman permanently leaves
the defendant's [tenant's] premises, the warehouseman shall return
to the defendant [tenant] all property requested by the defendant
[tenant], without charge.
(e) On demand by the defendant [tenant] within 30 days after
the date the property is stored by the warehouseman and on payment
by the defendant [tenant] of the moving and storage charges
reasonably attributable to the items being redeemed, the
warehouseman shall return to the defendant [tenant] at the
warehouse the following property:
(1) wearing apparel;
(2) tools, apparatus, and books of a trade or
profession;
(3) school books;
(4) a family library;
(5) family portraits and pictures;
(6) one couch, two living room chairs, and a dining
table and chairs;
(7) beds and bedding;
(8) kitchen furniture and utensils;
(9) food and foodstuffs;
(10) medicine and medical supplies;
(11) one automobile and one truck;
(12) agricultural implements;
(13) children's toys not commonly used by adults;
(14) goods that the warehouseman or the warehouseman's
agent knows are owned by a person other than the defendant [tenant]
or an occupant of the residence;
(15) goods that the warehouseman or the warehouseman's
agent knows are subject to a recorded chattel mortgage or financing
agreement; and
(16) cash.
(g) On demand by the defendant [tenant] to the warehouseman
after the 30-day period and before sale and on payment by the
defendant [tenant] of all unpaid moving and storage charges on all
the property, the warehouseman shall return all the previously
unredeemed property to the defendant [tenant] at the warehouse.
(i) Before the sale of the property by the warehouseman, the
defendant [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 plaintiff [landlord] failed to return the property
after timely demand and payment by the defendant [tenant], as
provided by this section. Before sale, the defendant [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 17. Section 24.011, Property Code, is amended to
read as follows:
Sec. 24.011. NONLAWYER REPRESENTATION. (a) In an eviction
suit [suits] in 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 justice court, an authorized
agent requesting or obtaining a default judgment need not be an
attorney.]
(b) In an appeal of an eviction suit for nonpayment of rent
in a county or district court, an owner of a multifamily residential
property may be represented by the owner's authorized agent, who
need not be an attorney[, or, if the owner is a corporation or other
entity, by an employee, owner, officer, or partner of the entity,
who need not be an attorney].
SECTION 18. Chapter 24, Property Code, is amended by adding
Section 24.012 to read as follows:
Sec. 24.012. MUNICIPAL OR COUNTY SUPPORT FOR TENANTS IN
EVICTION PROCESS. (a) A municipality or county that funds a legal
aid service or organization to provide information, advice, or
representation to eligible tenants in the eviction process shall
provide an equal amount of funding to pay for relocation assistance
for tenants.
(b) Relocation assistance provided to a tenant under
Subsection (a) must be in a sufficient amount to enable the tenant
to move out of the premises from which the tenant is being evicted,
including:
(1) the tenant's moving expenses;
(2) a security deposit, if one is required; and
(3) one month's rent.
SECTION 19. The following provisions of the Property Code
are repealed:
(1) Section 24.002(b);
(2) Sections 24.005(c), (d), (f), (f-1), (f-2), (h),
and (i);
(3) Section 24.0053(a-4); and
(4) Sections 24.0054(a-3), (a-4), (b), (c), (d), and
(e).
SECTION 20. The changes in law made by this Act apply only
to an eviction suit in which the petition is filed on or after the
effective date of this Act. An eviction suit in which the petition
is filed before the effective date of this Act is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 21. This Act takes effect September 1, 2025.