Bill Text: TX HB3079 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a pilot program for the provision of free legal representation to certain indigent tenants in eviction suits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Urban Affairs [HB3079 Detail]
Download: Texas-2023-HB3079-Introduced.html
| 88R10358 KBB-D | ||
| By: Walle | H.B. No. 3079 | |
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| relating to a pilot program for the provision of free legal | ||
| representation to certain indigent tenants in eviction suits. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 51.943, Government Code, is amended by | ||
| adding Subsection (b-1) to read as follows: | ||
| (b-1) Notwithstanding Subsection (b), funds in the basic | ||
| civil legal services account may be used for the indigent tenant | ||
| eviction representation pilot program established under Section | ||
| 2306.2591. The comptroller may pay money from the account for the | ||
| indigent tenant eviction representation pilot program at the | ||
| request of the Texas Department of Housing and Community Affairs. | ||
| This subsection expires January 1, 2026. | ||
| SECTION 2. Subchapter K, Chapter 2306, Government Code, is | ||
| amended by adding Section 2306.2591 to read as follows: | ||
| Sec. 2306.2591. INDIGENT TENANT EVICTION REPRESENTATION | ||
| PILOT PROGRAM. (a) In this section, "pilot program" means the | ||
| indigent tenant eviction representation pilot program established | ||
| under this section. | ||
| (b) For purposes of this section, an individual is indigent | ||
| if the individual's family income is at or below 80 percent of the | ||
| area median family income, adjusted for household size, as | ||
| determined annually by the United States Department of Housing and | ||
| Urban Development, for the area in which the individual resides. | ||
| (c) The indigent tenant eviction representation pilot | ||
| program is created in the department to provide legal | ||
| representation to indigent individuals in eviction suits filed by | ||
| landlords under Chapter 24, Property Code, or with respect to | ||
| prospective eviction suits under that chapter. | ||
| (d) An indigent individual is eligible to receive legal | ||
| representation provided by the pilot program if the individual is a | ||
| residential tenant in a county with a population of 3.3 million or | ||
| more and: | ||
| (1) has received a notice to vacate a premises under | ||
| Section 24.005, Property Code; | ||
| (2) has been served in an eviction suit under Chapter | ||
| 24, Property Code; or | ||
| (3) has appealed the judgment of the justice court in a | ||
| suit described by Subdivision (2). | ||
| (e) The pilot program shall develop and maintain a list of | ||
| licensed attorneys to provide representation under the program. | ||
| (f) The department shall implement the pilot program using | ||
| money in the basic civil legal services account created in Section | ||
| 51.943. | ||
| (g) The department shall make a reasonable effort to notify | ||
| eligible individuals that the pilot program is available. | ||
| (h) The department shall prepare a report detailing the | ||
| results of the pilot program and submit the report to the | ||
| legislature not later than December 31, 2025. | ||
| (i) This section expires January 1, 2026. | ||
| SECTION 3. Chapter 24, Property Code, is amended by adding | ||
| Section 24.0041 to read as follows: | ||
| Sec. 24.0041. APPOINTMENT OF ATTORNEY FOR CERTAIN TENANTS. | ||
| (a) On request, a justice court having jurisdiction of the eviction | ||
| suit or the prospective eviction suit shall appoint an attorney | ||
| from the list maintained by the indigent tenant eviction | ||
| representation pilot program under Section 2306.2591, Government | ||
| Code, to represent a tenant eligible for representation as | ||
| described by that section. | ||
| (b) This section expires January 1, 2026. | ||
| SECTION 4. (a) Not later than January 1, 2024, the Texas | ||
| Department of Housing and Community Affairs shall: | ||
| (1) adopt rules as necessary to implement Section | ||
| 2306.2591, Government Code, as added by this Act; and | ||
| (2) develop the list of attorneys required under | ||
| Section 2306.2591(e), Government Code, as added by this Act. | ||
| (b) This section takes effect September 1, 2023. | ||
| SECTION 5. Except as otherwise provided by this Act, this | ||
| Act takes effect January 1, 2024. | ||
