| |
| |
| |
|
|
AN ACT
|
|
|
relating to the appeal of a judgment in an eviction suit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 24.007, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 24.007. APPEAL. A final judgment of a county court in |
|
|
an eviction suit may not be appealed on the issue of possession |
|
|
unless the premises in question are being used for residential |
|
|
purposes only. [(a)] A judgment of a county court [in an eviction
|
|
|
suit] may not under any circumstances be stayed pending appeal |
|
|
unless, within 10 days of the signing of the judgment, the appellant |
|
|
files a supersedeas bond in an amount set by the county court. In |
|
|
setting the supersedeas bond the county court shall provide |
|
|
protection for the appellee to the same extent as in any other |
|
|
appeal, taking into consideration the value of rents likely to |
|
|
accrue during appeal, damages which may occur as a result of the |
|
|
stay during appeal, and other damages or amounts as the court may |
|
|
deem appropriate. |
|
|
[(b)
Notwithstanding any other law, an appeal may be taken
|
|
|
from a final judgment of a county court, statutory county court,
|
|
|
statutory probate court, or district court in an eviction suit.] |
|
|
SECTION 2. The change in law made by this Act applies to an |
|
|
appeal of a final judgment rendered on or after the effective date |
|
|
of this Act. An appeal of a final judgment rendered before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the judgment was rendered, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 3. This Act takes effect January 1, 2016. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3364 was passed by the House on May |
|
|
12, 2015, by the following vote: Yeas 142, Nays 2, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3364 was passed by the Senate on May |
|
|
27, 2015, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |