Bill Text: TX HB4125 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the creation of tenant legal services offices by local governments to assist low-income residential tenants in eviction cases and in cases involving discrimination based on the tenants' disabilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB4125 Detail]
Download: Texas-2019-HB4125-Comm_Sub.html
86R22944 NC-F | |||
By: Israel | H.B. No. 4125 | ||
Substitute the following for H.B. No. 4125: | |||
By: Bohac | C.S.H.B. No. 4125 |
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relating to the creation of tenant legal services offices by local | ||
governments to assist low-income residential tenants in eviction | ||
cases and in cases involving discrimination based on the tenants' | ||
disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Local Government Code, is | ||
amended by adding Chapter 179 to read as follows: | ||
CHAPTER 179. TENANT LEGAL SERVICES OFFICE | ||
Sec. 179.001. DEFINITIONS. In this chapter: | ||
(1) "Brief legal assistance" means individualized | ||
legal assistance provided in a single consultation by an office to a | ||
tenant. | ||
(2) "Disability" has the meaning assigned by Section | ||
301.003, Property Code. | ||
(3) "Full legal representation" means ongoing legal | ||
services provided by an office to a tenant, including court filings | ||
and appearances and other legal advice, advocacy, or assistance | ||
associated with a tenant's case. | ||
(4) "Indigent" means having earnings that are not more | ||
than 200 percent of the income standard established by applicable | ||
federal poverty guidelines. | ||
(5) "Local government" means a municipality or county | ||
or any combination of municipalities or counties. | ||
(6) "Low-income" means having earnings that are not | ||
more than 400 percent of the income standard established by | ||
applicable federal poverty guidelines. | ||
(7) "Office" means a tenant legal services office | ||
established under Section 179.002. | ||
(8) "Reasonable accommodation" is a change, | ||
exception, or adjustment to a rule, policy, practice, or service | ||
that may be necessary for a tenant with disabilities to have an | ||
equal opportunity to use and enjoy a dwelling, including public and | ||
common use spaces. | ||
(9) "Reasonable modification" means a reasonable | ||
structural change made to existing premises that may be necessary | ||
for a tenant with disabilities to have full enjoyment of a dwelling, | ||
including public and common use spaces. | ||
Sec. 179.002. TENANT LEGAL SERVICES OFFICE. (a) A local | ||
government may create a tenant legal services office to provide | ||
legal representation and services to tenants as provided by | ||
Subsection (b). | ||
(b) An office may provide: | ||
(1) full legal representation to a tenant: | ||
(A) in a residential eviction case if the tenant | ||
is indigent; or | ||
(B) in a case involving a violation of Section | ||
301.025, Property Code, if the tenant is a low-income individual | ||
with a disability; or | ||
(2) brief legal assistance to a tenant in a | ||
residential eviction case if the tenant is a low-income individual | ||
who is not indigent. | ||
(c) The local government may establish a department of the | ||
local government or by contract may designate a nonprofit | ||
corporation to serve as the tenant legal services office for the | ||
local government. | ||
(d) Any combination of municipalities or counties may agree | ||
by entering into an interlocal contract under Chapter 791, | ||
Government Code, to jointly implement or administer a tenant legal | ||
services office under this chapter. | ||
(e) The local government by ordinance, order, or interlocal | ||
contract may adopt the rules and procedures necessary to implement | ||
this chapter. | ||
Sec. 179.003. PROPOSALS BY NONPROFIT CORPORATIONS. (a) | ||
Before contracting with a nonprofit corporation to serve as a | ||
tenant legal services office, the local government shall solicit | ||
proposals for the office. | ||
(b) The local government shall require a written plan from a | ||
nonprofit corporation proposing to serve as a tenant legal services | ||
office. | ||
(c) The written plan must include: | ||
(1) a budget for the office, including salaries; | ||
(2) a description of each personnel position, | ||
including the director of legal services position; | ||
(3) the maximum allowable caseload for each attorney | ||
employed by the office; | ||
(4) provisions for personnel training; | ||
(5) a description of anticipated overhead costs for | ||
the office; and | ||
(6) a policy to ensure that the director of legal | ||
services and other attorneys employed by the office do not provide | ||
representation to a tenant if doing so would create a conflict of | ||
interest that has not been waived by the client. | ||
(d) After considering each proposal for the office | ||
submitted by a nonprofit corporation, the local government shall | ||
select a proposal that reasonably demonstrates that the office will | ||
provide adequate quality representation for tenants in cases | ||
described by Section 179.002(b). | ||
(e) The total cost of the proposal may not be the sole | ||
consideration in selecting a proposal. | ||
Sec. 179.004. DIRECTOR OF LEGAL SERVICES. A tenant legal | ||
services office must be directed by a director of legal services | ||
who: | ||
(1) is a member of the State Bar of Texas; | ||
(2) has practiced law for at least three years; and | ||
(3) has substantial experience in the practice of | ||
landlord-tenant law. | ||
Sec. 179.005. FUNDING. A tenant legal services office is | ||
entitled to receive funds for personnel costs and expenses incurred | ||
in operating the office in amounts determined by the local | ||
government and paid out of the appropriate local fund. | ||
Sec. 179.006. EMPLOYEES. (a) A tenant legal services | ||
office may employ attorneys and other personnel necessary to | ||
perform the duties of the office as specified by the local | ||
government. | ||
(b) The director of a tenant legal services office must | ||
designate at least one employee of the office to assist tenants with | ||
disabilities in obtaining compliance with laws that apply to | ||
housing for tenants with disabilities. | ||
Sec. 179.007. DENIAL OF REPRESENTATION. A tenant legal | ||
services office may not represent a tenant if: | ||
(1) a conflict of interest exists that has not been | ||
waived by the client; | ||
(2) the office has insufficient resources to provide | ||
adequate representation for the tenant; | ||
(3) the office is incapable of providing | ||
representation for the tenant in accordance with the rules of | ||
professional conduct; or | ||
(4) the office shows other good cause for not | ||
accepting the request for representation by a tenant. | ||
Sec. 179.008. INVESTIGATION OF FINANCIAL CONDITION. A | ||
tenant legal services office may investigate the financial | ||
condition of a tenant who requests representation by the office. | ||
Sec. 179.009. PUBLIC HEARING. (a) The director of a tenant | ||
legal services office shall hold an annual public hearing to | ||
receive recommendations about the office. | ||
(b) Not later than the 30th day before the date of the | ||
hearing, the director shall provide notice of the hearing to | ||
interested parties and officials and by posting the notice in: | ||
(1) public offices of the local government that | ||
provide social services; | ||
(2) local courts that have original jurisdiction over | ||
eviction cases or cases regarding violations of Section 301.025, | ||
Property Code; and | ||
(3) a local newspaper or on the local government's | ||
Internet website. | ||
(c) The director shall produce a transcript of the hearing | ||
and post the transcript on the local government's Internet website | ||
not later than the 30th day after the date of the hearing. | ||
Sec. 179.010. REPORT. Not later than September 1 of each | ||
year, the director of a tenant legal services office shall submit a | ||
report to the governing body of the local government and post the | ||
report on the local government's Internet website that contains the | ||
following information that relates to the office for the preceding | ||
year: | ||
(1) the estimated number of tenants in the office's | ||
jurisdiction that are eligible for legal services; | ||
(2) the number of tenants that received legal | ||
services, disaggregated by the following characteristics of the | ||
tenants: | ||
(A) zip code of residence; | ||
(B) age of head of household; | ||
(C) household size; | ||
(D) estimated length of tenancy; | ||
(E) approximate household income; | ||
(F) ongoing public assistance received at the | ||
time the legal services were initiated; | ||
(G) rent-regulated housing; | ||
(H) public housing; | ||
(I) disability; and | ||
(J) types of reasonable accommodations or | ||
modifications needed; | ||
(3) the types of legal services provided; | ||
(4) the outcomes immediately following the provision | ||
of full legal representation, as applicable and available, | ||
including the number of: | ||
(A) case dispositions in which: | ||
(i) tenants remained in their residences; | ||
(ii) tenants were evicted from their | ||
residences; | ||
(iii) tenants with disabilities remained in | ||
their residences; and | ||
(iv) tenants with disabilities were | ||
displaced from their residences; | ||
(B) case dispositions regarding reasonable | ||
accommodations or modifications for tenants with disabilities | ||
that: | ||
(i) were approved, including the types of | ||
accommodations or modifications that were approved; and | ||
(ii) were disapproved, including the types | ||
of accommodations or modifications that were disapproved; and | ||
(C) cases in which the attorney was discharged or | ||
withdrew; | ||
(5) the expenditures for the office; and | ||
(6) any other information required by the local | ||
government. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |