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A BILL TO BE ENTITLED
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AN ACT
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relating to a tenant's failure to pay rent during an appeal of an |
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eviction for nonpayment of rent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.0054, Property Code, is amended by |
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amending Subsections (a), (b), and (e) and adding Subsection (a-1) |
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to read as follows: |
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(a) During an appeal of an eviction case for nonpayment of |
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rent, if a tenant fails to pay one rental period's rent into the |
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justice court registry within five days of the date the tenant filed |
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a pauper's affidavit in accordance with Rule 749b(1), Texas Rules |
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of Civil Procedure, and Section 24.0053, the justice court shall |
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issue a writ of possession, without hearing, on the filing of a |
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notice of default by the appellee. A writ of possession under this |
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subsection may be executed immediately, and the sheriff or |
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constable shall execute the writ as soon as practicable. |
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(a-1) During an appeal of an eviction case for nonpayment of |
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rent, if a tenant fails to pay rent into the justice court or county |
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court registry as the rent becomes due under the rental agreement in |
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accordance with the Texas Rules of Civil Procedure and Section |
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24.0053, and if the landlord has not previously obtained a writ of |
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possession from the justice court, the landlord may file with the |
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county court a sworn motion that the tenant failed to pay rent as |
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required. The landlord shall notify the tenant of the motion and |
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the hearing date. |
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(b) If the county court finds that the tenant has not |
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complied with the payment requirements of the Texas Rules of Civil |
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Procedure and Section 24.0053, and if the landlord has not |
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previously obtained a writ of possession from the justice court, |
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the county court shall immediately issue a writ of possession |
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unless on or before the day of the hearing the tenant pays into the |
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court registry: |
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(1) all rent not paid in accordance with the Texas |
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Rules of Civil Procedure and Section 24.0053; and |
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(2) the landlord's reasonable attorney's fees, if any, |
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in filing the motion. |
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(e) In a motion or hearing [in county court] under |
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Subsection (a-1) [(a)], or in a motion to dismiss an appeal of an |
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eviction case in county court, the parties may represent themselves |
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or be represented by their authorized agents, who need not be |
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attorneys. |
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SECTION 2. The change in law made by this Act applies only |
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to an eviction suit filed on or after the effective date of this |
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Act. A suit filed before the effective date of this Act is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |