Bill Text: TX SB790 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a tenant's failure to pay rent during an appeal of an eviction for nonpayment of rent.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to Jurisprudence [SB790 Detail]
Download: Texas-2011-SB790-Introduced.html
82R1734 TJS-F | ||
By: Harris | S.B. No. 790 |
|
||
|
||
relating to a tenant's failure to pay rent during an appeal of an | ||
eviction for nonpayment of rent. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 24.0054, Property Code, is amended by | ||
amending Subsections (a), (b), and (e) and adding Subsection (a-1) | ||
to read as follows: | ||
(a) During an appeal of an eviction case for nonpayment of | ||
rent, if a tenant fails to pay one rental period's rent into the | ||
justice court registry within five days of the date the tenant filed | ||
a pauper's affidavit in accordance with Rule 749b(1), Texas Rules | ||
of Civil Procedure, and Section 24.0053, the justice court shall | ||
issue a writ of possession, without hearing, on the filing of a | ||
notice of default by the appellee. A writ of possession under this | ||
subsection may be executed immediately, and the sheriff or | ||
constable shall execute the writ as soon as practicable. | ||
(a-1) During an appeal of an eviction case for nonpayment of | ||
rent, if a tenant fails to pay rent into the justice court or county | ||
court registry as the rent becomes due under the rental agreement in | ||
accordance with the Texas Rules of Civil Procedure and Section | ||
24.0053, and if the landlord has not previously obtained a writ of | ||
possession from the justice court, the landlord may file with the | ||
county court a sworn motion that the tenant failed to pay rent as | ||
required. The landlord shall notify the tenant of the motion and | ||
the hearing date. | ||
(b) If the county court finds that the tenant has not | ||
complied with the payment requirements of the Texas Rules of Civil | ||
Procedure and Section 24.0053, and if the landlord has not | ||
previously obtained a writ of possession from the justice court, | ||
the county court shall immediately issue a writ of possession | ||
unless on or before the day of the hearing the tenant pays into the | ||
court registry: | ||
(1) all rent not paid in accordance with the Texas | ||
Rules of Civil Procedure and Section 24.0053; and | ||
(2) the landlord's reasonable attorney's fees, if any, | ||
in filing the motion. | ||
(e) In a motion or hearing [ |
||
Subsection (a-1) [ |
||
eviction case in county court, the parties may represent themselves | ||
or be represented by their authorized agents, who need not be | ||
attorneys. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an eviction suit filed on or after the effective date of this | ||
Act. A suit filed before the effective date of this Act is governed | ||
by the law in effect immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. | ||
SECTION 3. 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, 2011. |