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 to which the
suit is transferred under Section 24.0041 has jurisdiction in an
eviction suit [suits]. Eviction suits include forcible entry and
detainer and forcible detainer suits. A justice court has
jurisdiction to issue a writ of possession under this chapter
[Sections 24.0054(a), (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
Sections 24.0041, 24.0042, and 24.0043 to read as follows:
Sec. 24.0041. VENUE. (a) An eviction suit must be brought
in the justice precinct in which the real property is located. On
the motion of the plaintiff, the justice court shall transfer the
eviction suit to a justice court in an adjacent precinct in the
county in which the real property is located if:
(1) the sheriff or constable is unable to serve the
citation on the defendant on or before the fifth business day after
the date the petition is filed;
(2) the justice court is unable to conduct the trial of
the eviction suit on or before the 21st day after the date the
petition is filed; or
(3) any other sufficient cause exists, as determined
by the justice court.
(b) If the justice court finds sufficient cause for a change
in venue under this section, the eviction suit must be transferred
to the justice court identified by the plaintiff in the plaintiff's
motion. On granting the motion, the justice court shall
immediately forward the transcript and original papers in the case,
by electronic means or otherwise, to the clerk of the justice court
to which the suit is transferred.
(c) On a transfer of an eviction suit under this section,
the justice court to which the suit is transferred may not require
the plaintiff to pay:
(1) any additional filing fees; or
(2) an additional service fee, unless additional
service is required.
Sec. 24.0042. COMPUTATION OF TIME. A period of time
prescribed by this chapter:
(1) does not include the day of the event that begins
the period;
(2) includes Saturdays, Sundays, and state or federal
holidays;
(3) includes the last day of the period; and
(4) if the last day of the period is a Saturday,
Sunday, or state or federal holiday, is extended so that the last
day of the period is the next day that is not a Saturday, Sunday, or
state or federal holiday.
Sec. 24.0043. AUTHORITY TO MODIFY OR SUSPEND EVICTION
PROCEDURES. (a) Except as provided by Subsection (b) but
notwithstanding any other law, including Section 22.004,
Government Code, only the legislature may modify or suspend
procedures prescribed by this chapter.
(b) This section does not affect the authority of the
supreme court to modify or suspend certain provisions for the
conduct of any court proceedings affected by a disaster under
Section 22.0035(b), Government Code, but such a modification or
suspension may be applied to an eviction suit only if:
(1) the modification or suspension is applicable to
all courts similarly affected by the disaster without regard to the
subject matter of an action; and
(2) any request for the modification or suspension is
made in writing and available to the public.
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) and (e) and adding Subsections (c-1),
(f-3), and (f-4) to read as follows:
(a) If the occupant is a tenant under a written lease or oral
rental agreement, the landlord must give 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. In a forcible detainer suit against a tenant whose
right of possession is terminated based on nonpayment of rent,
written notice under this section shall be given in the form of
either a notice to pay rent or vacate or a notice to vacate. A
landlord who files a forcible detainer suit on grounds 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.
(c-1) If a federal law or rule requires a landlord to give
notice to a tenant before the landlord requires the tenant to vacate
the premises:
(1) a landlord that satisfies the notice requirements
of this section is not required to delay the filing of an eviction
suit based on the federal requirement;
(2) the federal requirement is not a basis for a court
to delay or abate the conduct of the eviction suit; and
(3) a writ of possession may not be served on the
tenant until the period between the delivery of the notice under
this section and the service of the writ equals or exceeds the
period prescribed by the federal requirement.
(e) If the lease or applicable state or federal law or rule
requires a [the] landlord to give a tenant 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
using at least one of the following methods:
(1) mail, including first class mail, registered mail,
certified mail, or a delivery service;
(2) delivery to the inside of the premises;
(3) hand delivery to any tenant of the premises; or
(4) if the parties have agreed in writing, electronic
communication, including e-mail or other electronic means.
(f-4) Subsection (f-3) does not apply if the tenant actually
receives the notice.
SECTION 5. Chapter 24, Property Code, is amended by adding
Sections 24.00505 and 24.00506 to read as follows:
Sec. 24.00505. PETITION. To initiate an eviction suit, a
sworn petition must be filed with the court. The petition must
include the contents required by the Texas Rules of Civil
Procedure.
Sec. 24.00506. RULES OF COURT. (a) A court may adopt local
rules, forms, or standing orders for eviction suits in accordance
with the Texas Rules of Civil Procedure.
(b) A court may not adopt local rules, forms, or standing
orders for eviction suits that:
(1) require content in or with the petition other than
the content required by the Texas Rules of Civil Procedure;
(2) require any mediation, pretrial conference, or
other proceeding before trial; or
(3) authorize the dismissal of an eviction suit on the
basis that the petition is improper if the petition:
(A) meets the requirements of the Texas Rules of
Civil Procedure; or
(B) can be amended to meet the requirements of
the Texas Rules of Civil Procedure.
SECTION 6. Section 24.0051, Property Code, is amended to
read as follows:
Sec. 24.0051. PROCEDURES APPLICABLE IN SUIT TO EVICT AND
RECOVER UNPAID RENT. (a) In a suit filed in justice court in which
the landlord files a sworn petition [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 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 landlord may recover unpaid rent under this section
regardless of whether the tenant vacated the premises after the
date the landlord filed the sworn petition [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 tenant [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 tenant [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 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) If the landlord files a motion for summary disposition
under Section 24.005106 with the petition, the citation must
include the following notice to the tenant on the first page of the
citation in English and Spanish and in conspicuous bold print:
THE PETITION INCLUDES A MOTION FOR SUMMARY DISPOSITION. IF
THE MOTION SHOWS THERE ARE NO GENUINELY DISPUTED FACTS THAT WOULD
PREVENT A JUDGMENT IN FAVOR OF THE LANDLORD, THE COURT MAY ENTER
JUDGMENT IN FAVOR OF THE LANDLORD WITHOUT A TRIAL UNLESS:
(1) NOT LATER THAN THE FOURTH DAY AFTER YOU ARE SERVED
WITH THE LANDLORD'S SWORN PETITION, YOU FILE A RESPONSE SETTING OUT
SUPPORTING FACTS AND ANY APPLICABLE DOCUMENTS ON WHICH YOUR
RESPONSE RELIES; AND
(2) THE JUSTICE COURT DETERMINES THAT SERVICE ON YOU
WAS PROPER AND, BASED ON THE LANDLORD'S SWORN PETITION AND YOUR
RESPONSE, THERE ARE GENUINELY DISPUTED FACTS THAT WOULD PREVENT A
JUDGMENT IN FAVOR OF THE LANDLORD.
(f) A sheriff or constable, including a deputy sheriff or
deputy constable, shall make a diligent effort to serve the
citation and petition not later than the fifth business day after
the date the petition is filed. If the citation and petition are
not served on or before the fifth business day after the date the
petition is filed, the landlord may, but is not obligated to,
provide for the citation and petition to be served by any other law
enforcement officer, including an off-duty officer, that has
received appropriate training in the service of process, eviction
procedures, and the execution of writs, as determined by the Texas
Commission on Law Enforcement.
(g) The court:
(1) shall, subject to this subsection, 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;
(2) may not hold the trial on a date that is earlier
than the fourth day after the date the tenant is served with the
petition; and
(3) may not postpone the date of a trial for more than
seven days unless the parties agree to the postponement in writing.
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. If the parties
agree, a justice court may allow the parties in an eviction suit to
appear at a court proceeding in the suit by videoconference,
teleconference, or other available electronic means.
Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) A
landlord 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 landlord, the court may enter
judgment in favor of the landlord without a trial unless:
(1) not later than the fourth day after the date the
tenant is served with the landlord's sworn petition, the tenant
files a response setting out supporting facts, and providing any
applicable documents, on which the response relies; and
(2) the justice court determines that service on the
tenant was proper and, based on the landlord's sworn petition and
the tenant's response, if any, there are genuinely disputed facts
that would prevent a judgment in favor of the landlord.
(b) The justice court:
(1) may enter judgment for the landlord regardless of
the tenant's response if the response does not show there is a
genuinely disputed fact that would prevent judgment in favor of the
landlord; and
(2) may consider a response filed by the tenant later
than the fourth day after the date the tenant was served with the
landlord's sworn petition and motion if the response shows there is
a genuinely disputed fact that would prevent judgment in favor of
the landlord and the tenant has filed the response before judgment
has been entered.
(c) If the justice court determines that there are genuinely
disputed facts that would prevent a judgment in favor of the
landlord, 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 is filed by the landlord. The justice court may
immediately set the case for trial upon the tenant's request for a
trial in response to a motion for summary disposition.
(d) A judgment on summary disposition under this section has
the same effect as any other judgment in an eviction suit.
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 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 tenant who files an appeal
must affirm, under penalty of perjury, the tenant's good faith
belief that the tenant has a meritorious defense and that the appeal
is not for the purpose of delay. An appeal is perfected when a bond,
cash deposit, or statement of inability to afford payment of court
costs is 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, by electronic means or otherwise, not earlier than 4 p.m. on
the sixth day or later than 4 p.m. on the 10th day after the date the
tenant files the appeal, except that, if the court confirms that the
tenant 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. Section 24.00512(f), Property Code, is 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.
SECTION 10. Section 24.0052, Property Code, is amended to
read as follows:
Sec. 24.0052. TENANT APPEAL ON STATEMENT OF INABILITY TO
AFFORD PAYMENT OF COURT COSTS [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 by filing with the justice court, not later than the fifth day
after the date the judgment is signed, a statement of inability to
afford payment of court costs [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 statement [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) The justice court shall make available a [an affidavit]
form that a person may use to comply with the requirements of
Subsection (a).
(c) The justice court shall promptly notify the landlord if
a statement described by Subsection (a) [pauper's affidavit] is
filed by the tenant.
(d) A landlord may contest a statement filed under this
section [pauper's affidavit] on or before the fifth day after the
date the statement [affidavit] is filed. If the landlord contests
the statement [affidavit], the justice court 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 a statement filed by [the
pauper's affidavit of] a tenant under this section, the tenant is
not required to pay the county court filing fee or file an
additional statement [affidavit] in the county court under
Subsection (a).
SECTION 11. Section 24.0053, Property Code, is amended by
amending Subsections (a), (a-1), (a-2), (a-3), (b), (c), (d), and
(e) and adding Subsection (a-5) to read as follows:
(a) If the justice court 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. 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 tenant in each
rental pay period, which must be the greater of:
(A) $250; 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
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 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 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 tenant shall:
(1) not later than the fifth day after the date the
tenant files the 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 landlord 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].
(a-5) A tenant's payment of rent into a court registry under
this section relieves the tenant of the obligation to pay rent to
the landlord only for the rental pay period for which the payment is
made.
(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 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 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 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 tenant into the registry of the court.
(e) If either party files a contest under Subsection (c) and
the tenant files a statement of inability to afford payment of court
costs [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 12. Sections 24.0054(a), (a-1), (a-2), 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 or county court, as applicable, on request
shall immediately issue a writ of possession, without hearing, if[:
[(1)] a 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 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 landlord or into the justice court or
county court registry, the landlord may file a motion with the
county court 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; and
(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 13. Section 24.0061, Property Code, is amended by
amending Subsections (a), (b), (c), (h), and (i) and adding
Subsection (b-1) to read as follows:
(a) A 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; and
(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; and
(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].
(b-1) The issuance of a writ of possession is a ministerial
act not subject to review or delay. A sheriff or constable,
including a deputy sheriff or deputy constable, shall serve the
writ of possession not later than the fifth business day after the
date the writ is issued. If the writ of possession is not served on
or before the fifth business day after the date the writ is issued,
the landlord may, but is not obligated to, have the writ served by
any other law enforcement officer, including an off-duty officer,
who has received training as described by Section 24.0051(f).
(c) The court shall notify a tenant in writing of a default
judgment for possession or a judgment for possession under Section
24.005106 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.
(h) An officer [A sheriff or constable] may use reasonable
force in executing a writ under this section.
(i) A landlord is not liable for damages to the tenant
resulting from the enforcement of a judgment in favor of the
landlord under this chapter, including the execution of a writ of
possession by an officer under this section.
SECTION 14. 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 15. The following provisions of the Property Code
are repealed:
(1) Sections 24.005(f), (f-1), (f-2), (g), (h), and
(i);
(2) Section 24.0053(a-4); and
(3) Sections 24.0054(a-3), (a-4), (b), (c), (d), and
(e).
SECTION 16. The supreme court shall adopt rules as
necessary to clarify eviction procedures consistent with Chapter
24, Property Code, as amended by this Act.
SECTION 17. The changes in law made by this Act apply only
to an eviction suit in which the petition is filed on or after
January 1, 2026. An eviction suit in which the petition is filed
before January 1, 2026, is governed by the law as it existed
immediately before January 1, 2026, and that law is continued in
effect for that purpose.
SECTION 18. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2026.
(b) Section 16 of this Act takes effect September 1, 2025.