Eviction Bill Lets Landlords Win Without A Trial

The text as introduced · 7,585 words

89R6006 SCR-D

By: Button
H.B. No. 32

A BILL TO BE ENTITLED

AN ACT

relating to the eviction from real property of certain persons not

entitled to enter, occupy, or remain in possession of the premises.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 24.004, Property Code, is amended by

amending Subsection (a) and adding Subsection (c) to read as

follows:

(a) Except as provided by Subsection (b), a justice court in

the precinct in which the real property is located or in a precinct

in the county in which the real property is located that is adjacent

to the precinct in which the real property is located has

jurisdiction in eviction suits. Eviction suits include forcible

entry and detainer and forcible detainer suits. A justice court has

jurisdiction to issue a writ of possession under Sections 24.0051,

24.0054(a), and 24.0061 [ (a-2), and (a-3) ].

(c) A justice court in which a petition is filed under

Section 24.00505 must adjudicate the right to actual possession of

the premises. The justice court may not adjudicate title to the

premises. Counterclaims and the joinder of suits against third

parties are not permitted in eviction suits. This subsection does

not preclude a claim that may not be asserted under this subsection

from being brought in a separate suit in a court of proper

jurisdiction.

SECTION 2. Chapter 24, Property Code, is amended by adding

Section 24.0041 to read as follows:

Sec. 24.0041. AUTHORITY TO MODIFY OR SUSPEND EVICTION

PROCEDURES. Notwithstanding any other law, including Section

22.004, Government Code, only the legislature may modify or suspend

procedures prescribed by this chapter.

SECTION 3. The heading to Section 24.005, Property Code, is

amended to read as follows:

Sec. 24.005. NOTICE REQUIRED BEFORE [ TO VACATE PRIOR TO ]

FILING CERTAIN EVICTION SUITS [ SUIT ].

SECTION 4. Section 24.005, Property Code, is amended by

amending Subsections (a), (b), and (e) and adding Subsections (c-1)

and (f-3) to read as follows:

(a) In a forcible detainer suit against a tenant whose right

of possession is terminated based on nonpayment of rent [ If the

occupant is a tenant under a written lease or oral rental

agreement ], the landlord must give the [ a ] tenant [ who defaults or

holds over beyond the end of the rental term or renewal period ] at

least three days' written notice [ to vacate the premises ] before

the landlord files a forcible detainer suit, unless the parties

have contracted for a shorter or longer notice period in a written

lease or agreement. Written notice under this section may be given

in the form of a notice to pay rent or vacate or a notice to vacate.

A landlord who files a forcible detainer suit on grounds other than

nonpayment of rent is not required to give presuit notice under this

chapter [ that the tenant is holding over beyond the end of the

rental term or renewal period must also comply with the tenancy

termination requirements of Section 91.001 ].

(b) [ If the occupant is a tenant at will or by sufferance,

the landlord must give the tenant at least three days' written

notice to vacate before the landlord files a forcible detainer suit

unless the parties have contracted for a shorter or longer notice

period in a written lease or agreement. ] If a building is purchased

at a tax foreclosure sale or a trustee's foreclosure sale under a

lien superior to the tenant's lease and the tenant timely pays rent

and is not otherwise in default under the tenant's lease after

foreclosure, the purchaser must give a residential tenant of the

building at least 30 days' written notice to vacate if the purchaser

chooses not to continue the lease. The tenant is considered to

timely pay the rent under this subsection if, during the month of

the foreclosure sale, the tenant pays the rent for that month to the

landlord before receiving any notice that a foreclosure sale is

scheduled during the month or pays the rent for that month to the

foreclosing lienholder or the purchaser at foreclosure not later

than the fifth day after the date of receipt of a written notice of

the name and address of the purchaser that requests payment. Before

a foreclosure sale, a foreclosing lienholder may give written

notice to a tenant stating that a foreclosure notice has been given

to the landlord or owner of the property and specifying the date of

the foreclosure.

(c-1) If an applicable federal law or rule requires a

landlord to give a tenant entitled to presuit notice under this

section a longer presuit notice period than is required by this

section, the notice period under this section runs concurrently

with the notice period prescribed by the federal law.

(e) If the lease or applicable law requires a [ the ] landlord

to give a tenant entitled to presuit notice under this section an

opportunity to respond to a notice of proposed eviction before

filing an eviction suit:

(1) the notice period in a notice to pay rent or vacate

or [ , a ] notice to vacate under Subsection (a) may , at the landlord's

discretion, run concurrently with [ not be given until ] the period

provided for the tenant to respond to the notice of proposed

eviction ; and

(2) the notice to pay rent or vacate or notice to

vacate may include the required opportunity to respond to the

notice of proposed eviction [ notice has expired ].

(f-3) A notice required by this section must be delivered:

(1) in any manner the parties agree to in writing; or

(2) if no agreement is made in writing:

(A) in any other manner in which the tenant has

communicated in writing with the landlord; or

(B) if the tenant has not communicated in writing

with the landlord, in a manner reasonably expected to provide

actual notice.

SECTION 5. Chapter 24, Property Code, is amended by adding

Section 24.00505 to read as follows:

Sec. 24.00505. PETITION. (a) To initiate an eviction suit,

a sworn petition must be filed with the court. The petition must

include:

(1) the name of the plaintiff;

(2) the name, address, telephone number, and e-mail

address, if any, of the plaintiff's attorney, if applicable, or the

address, telephone number, and e-mail address, if any, of the

plaintiff;

(3) the name, address, and telephone number, if known,

of the defendant or, if the defendant is not known, a statement that

the plaintiff does not know the name of the defendant;

(4) a description, including the address, if any, of

the premises of which the plaintiff seeks possession;

(5) a description of the facts and the grounds for

eviction;

(6) if required, a description of when and how the

notice to pay rent or vacate or notice to vacate was delivered;

(7) the amount of money, if any, the plaintiff seeks;

(8) if unpaid rent is sought, the amount of the monthly

rent, when the monthly rent is due, and the total amount of rent

unpaid at the time of filing;

(9) a statement that attorney's fees are being sought,

if applicable; and

(10) a statement consenting to e-mail service and

providing e-mail contact information.

(b) The court may not:

(1) require content in the petition other than content

required by this section; or

(2) dismiss an eviction suit on the basis that a

petition is improper if the petition:

(A) meets the requirements of this section; or

(B) can be amended to meet the requirements of

this section.

SECTION 6. Section 24.0051, Property Code, is amended to

read as follows:

Sec. 24.0051. PROCEDURES APPLICABLE IN EVICTION SUIT ;

RECOVERY OF [ TO EVICT AND RECOVER ] UNPAID RENT. (a) In a suit filed

in justice court in which the plaintiff [ landlord ] files a sworn

statement seeking judgment against a defendant [ tenant ] for

possession of the premises and unpaid rent, personal service on the

defendant [ tenant ] or substituted service on the defendant [ tenant ]

under the [ Rule 742a, ] Texas Rules of Civil Procedure[ , ] is

procedurally sufficient to support a default judgment for

possession of the premises and unpaid rent.

(b) A plaintiff [ landlord ] may recover unpaid rent under

this section regardless of whether the defendant [ tenant ] vacated

the premises after the date the plaintiff [ landlord ] filed the

sworn statement and before the date the court renders judgment.

(c) In a suit to recover possession of the premises, whether

or not unpaid rent is claimed, the citation [ required by Rule 739,

Texas Rules of Civil Procedure, ] must include the following notice

to the defendant:

FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING

ENTERED AGAINST YOU.

(d) In a suit described by Subsection (c), the citation

[ required by Rule 739, Texas Rules of Civil Procedure, ] must

include the following notice to the defendant on the first page of

the citation in English and Spanish and in conspicuous bold print:

SUIT TO EVICT

THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A PERSON

[ TENANT ] WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL

RIGHTS OR RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING

THE SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET

SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.

CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED

HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN

ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL

ASSISTANCE.

(e) An eviction suit may be served by:

(1) a sheriff or constable, including a deputy sheriff

or deputy constable;

(2) any other law enforcement officer, including an

off-duty officer retained by the plaintiff for that purpose; or

(3) a process server authorized to serve other civil

process in this state.

(f) The court:

(1) shall hold the trial of an eviction suit on a date

that is not earlier than the 10th day or later than the 21st day

after the date the petition is filed; and

(2) may not hold the trial on a date that is earlier

than the third day after the date the defendant is served with the

petition.

SECTION 7. Chapter 24, Property Code, is amended by adding

Sections 24.005105, 24.005106, and 24.005107 to read as follows:

Sec. 24.005105. ELECTRONIC PROCEEDINGS. A justice court

may allow or require a participant in an eviction suit to appear at,

and a judge may hold, a court proceeding in the suit by

videoconference, teleconference, or other available electronic

means. A judge holding a court proceeding under this section by

videoconference, teleconference, or other available electronic

means is not required to conduct the court proceeding from the

judge's office.

Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) A

plaintiff that files a sworn petition under Section 24.00505 may

include with the petition a sworn motion for summary disposition

without trial. The motion must set out all supporting facts, and

documents on which the motion relies must be attached. If the

motion shows that there are no genuinely disputed facts that would

prevent a judgment in favor of the plaintiff, the court shall, not

later than the 10th day after the date the plaintiff files the

petition and motion, enter judgment in favor of the plaintiff

without a trial unless:

(1) not later than the third day after the date the

defendant is served with the plaintiff's sworn petition, the

defendant files a sworn written response setting out all supporting

facts and attaching all documents on which the response relies; and

(2) the justice court determines that, based on the

plaintiff's sworn petition and the defendant's sworn response,

there are genuinely disputed facts that would prevent a judgment in

favor of the plaintiff.

(b) The justice court:

(1) may enter judgment for the plaintiff regardless of

the defendant's sworn response if the response does not show there

is a genuinely disputed fact that would prevent judgment in favor of

the plaintiff; and

(2) may not consider a response filed by the defendant

later than the third day after the date the defendant was served

with the plaintiff's sworn petition and motion.

(c) If the justice court determines that there are genuinely

disputed facts that would prevent a judgment in favor of the

plaintiff, the justice court shall set a trial date that is not

earlier than the 10th day and not later than the 21st day after the

date the petition and motion are filed by the plaintiff.

(d) A writ of possession issued after entry of judgment in

favor of the plaintiff on summary disposition under this section

may not be executed before the fourth day after the date the

defendant is served with the petition.

Sec. 24.005107. APPEAL TO COUNTY COURT. (a) A party may

appeal the judgment of a justice court in an eviction suit by filing

a notice of appeal and a bond, cash deposit, or statement of

inability to afford payment of court costs with the justice court

not later than the fifth day after the date the judgment is signed.

A defendant who files a notice of appeal must affirm in the notice,

under penalty of perjury, the defendant's good faith belief that

the defendant has a meritorious defense and that the appeal is not

for the purpose of delay. An appeal is perfected when a notice of

appeal and a bond, cash deposit, or statement of inability to afford

payment of court costs are timely filed with the justice court in

accordance with this section.

(b) The justice court shall forward the transcript and

original papers in an appeal of an eviction case to the county court

but may not forward the transcript and original papers before the

sixth day after the date the defendant files a notice of appeal,

except that, if the court confirms that the defendant has timely

paid the initial rent payment into the justice court registry in

accordance with Section 24.0053, the court may forward the

transcript and original papers immediately.

(c) The county court shall hold a trial not later than the

21st day after the date the transcript and original papers are

delivered to the county court.

SECTION 8. Section 24.00511(a), Property Code, is amended

to read as follows:

(a) In a residential eviction suit [ for nonpayment of rent ],

the justice court shall state in the court's judgment the amount of

the appeal bond, taking into consideration the money required to be

paid into the court registry under Section 24.0053.

SECTION 9. Sections 24.00512(f) and (g), Property Code, are

amended to read as follows:

(f) If an appeal of a decision disapproving the appeal bond

is filed, the justice court shall transmit to the county court the

contest to the appeal bond and all relevant documents. The county

court shall docket the appeal, schedule a hearing to be held not

later than the fifth day after the date the appeal is docketed,

notify the parties and the surety of the hearing time and date, and

hear the contest de novo. The failure of the county court to hold a

timely hearing is not grounds for approval or denial of the appeal.

A writ of possession may not be issued before the county court

issues a final decision on the appeal bond , except as provided by

Section 24.0054 .

(g) After the contest is heard by the county court, the

county clerk shall transmit the transcript and records of the case

to the justice court. If the county court disapproves the appeal

bond, the party may, not later than the fifth day after the date the

court disapproves the appeal bond, perfect the appeal of the

judgment on the eviction suit by making a cash deposit in the

justice court in an amount determined by the county court or by

filing a sworn statement of inability to pay with the justice court

pursuant to the Texas Rules of Civil Procedure. If the defendant

[ tenant ] is the appealing party and a cash deposit in the required

amount is not timely made or a sworn statement of inability to pay

is not timely filed, the judgment of the justice court becomes final

and a writ of possession and other processes to enforce the judgment

must be issued on the payment of the required fee. If the plaintiff

[ landlord ] is the appealing party and a cash deposit is not timely

made or a sworn statement of inability to pay is not timely filed,

the judgment of the justice court becomes final. If the appeal bond

is approved by the county court, the court shall transmit the

transcript and other records of the case to the justice court, and

the justice court shall proceed as if the appeal bond was originally

approved.

SECTION 10. Section 24.0052, Property Code, is amended to

read as follows:

Sec. 24.0052. DEFENDANT [ TENANT ] APPEAL ON PAUPER'S

AFFIDAVIT. (a) If a defendant [ tenant ] in a residential eviction

suit is unable to pay the costs of appeal or file an appeal bond as

required by the Texas Rules of Civil Procedure, the defendant

[ tenant ] may appeal the judgment of the justice court by filing with

the justice court, not later than the fifth day after the date the

judgment is signed, a pauper's affidavit sworn before the clerk of

the justice court or a notary public that states that the defendant

[ tenant ] is unable to pay the costs of appeal or file an appeal

bond. The affidavit must contain the following information:

(1) the defendant's [ tenant's ] identity;

(2) the nature and amount of the defendant's

[ tenant's ] employment income;

(3) the income of the defendant's [ tenant's ] spouse,

if applicable and available to the defendant [ tenant ];

(4) the nature and amount of any governmental

entitlement income of the defendant [ tenant ];

(5) all other income of the defendant [ tenant ];

(6) the amount of available cash and funds available

in savings or checking accounts of the defendant [ tenant ];

(7) real and personal property owned by the defendant

[ tenant ], other than household furnishings, clothes, tools of a

trade, or personal effects;

(8) the defendant's [ tenant's ] debts and monthly

expenses; and

(9) the number and age of the defendant's [ tenant's ]

dependents and where those dependents reside.

(b) The justice court shall make available an affidavit form

that a person may use to comply with the requirements of Subsection

(a).

(c) The justice court shall promptly notify the plaintiff

[ landlord ] if a pauper's affidavit is filed by the defendant

[ tenant ].

(d) A plaintiff [ landlord ] may contest a pauper's affidavit

on or before the fifth day after the date the affidavit is filed. If

the plaintiff [ landlord ] contests the affidavit, the justice court

shall notify the parties and hold a hearing to determine whether the

defendant [ tenant ] is unable to pay the costs of appeal or file an

appeal bond. The hearing shall be held not later than the fifth day

after the date the plaintiff [ landlord ] notifies the court clerk of

the plaintiff's [ landlord's ] contest. At the hearing, the

defendant [ tenant ] has the burden to prove by competent evidence,

including documents or credible testimony of the defendant [ tenant ]

or others, that the defendant [ tenant ] is unable to pay the costs of

appeal or file an appeal bond.

(e) If the justice court approves the pauper's affidavit of

a defendant [ tenant ], the defendant [ tenant ] is not required to pay

the county court filing fee or file an additional affidavit in the

county court under Subsection (a).

SECTION 11. Sections 24.0053(a), (a-1), (a-2), (a-3), (b),

(c), (d), and (e), Property Code, are amended to read as follows:

(a) If the justice court enters judgment for the plaintiff

[ landlord ] in a residential eviction case [ based on nonpayment of

rent ], the court shall determine the amount of rent to be paid each

rental pay period during the pendency of any appeal and shall note

that amount in the judgment. If a portion of the rent is payable by

a government agency, the court shall determine and note in the

judgment the portion of the rent to be paid by the government agency

and the portion to be paid by the defendant [ tenant ]. The court's

determination shall be in accordance with the terms of the rental

agreement and applicable laws and regulations. If there is no

rental agreement, the court shall determine:

(1) the rental pay period; and

(2) the amount of rent to be paid by the defendant in

each rental pay period, which must be the greater of:

(A) $500; or

(B) the fair market rent, if determined by the

court. [ This subsection does not require or prohibit payment of

rent into the court registry or directly to the landlord during the

pendency of an appeal of an eviction case based on grounds other

than nonpayment of rent. ]

(a-1) If [ In an eviction suit for nonpayment of rent, if ] a

defendant [ tenant ] files an appeal of a justice court's judgment in

an eviction suit [ a pauper's affidavit in the period prescribed by

Section 24.0052 or an appeal bond pursuant to the Texas Rules of

Civil Procedure ], the justice court shall provide to the defendant

[ tenant ] a written notice at the time the [ pauper's affidavit or ]

appeal [ bond ] is filed that contains the following information in

bold or conspicuous type:

(1) the amount of [ the initial deposit of ] rent stated

in the judgment that the defendant [ tenant ] must pay into the

justice court or county court registry , as applicable, during the

pendency of the appeal ;

(2) whether the rent [ initial deposit ] must be paid in

cash, cashier's check, or money order, and to whom the cashier's

check or money order, if applicable, must be made payable;

(3) the calendar date by which the rent [ initial

deposit ] must be paid into the justice court or county court

registry , as applicable ;

(4) for a court that closes before 5 p.m. on the date

specified by Subdivision (3), the time the court closes; and

(5) a statement that failure to pay the required

amount into the justice court or county court registry , as

applicable, by the date prescribed by Subdivision (3) may result in

the justice court or county court issuing a writ of possession

without a hearing.

(a-2) The defendant shall:

(1) not later than the fifth day after the date the

defendant files a notice of appeal, pay rent for one rental pay

period into the justice court registry; and

(2) on or before the beginning of each rental pay

period during the pendency of the appeal, pay rent for one rental

pay period into the justice court or county court registry, as

applicable, according to the court in which the case is pending at

the time of payment [ The date by which an initial deposit must be

paid into the justice court registry under Subsection (a-1)(3) must

be within five days of the date the tenant files the pauper's

affidavit as required by the Texas Rules of Civil Procedure ].

(a-3) The justice court or county court, as applicable,

shall disburse rent paid into the justice court or county court

registry to the plaintiff on request at any time during or after the

pendency of the appeal [ If a tenant files an appeal bond to appeal

an eviction for nonpayment of rent, the tenant must, not later than

the fifth day after the date the tenant filed the appeal bond, pay

into the justice court registry the amount of rent to be paid in one

rental pay period as determined by the court under Subsection (a).

If the tenant fails to timely pay that amount into the justice court

registry and the transcript has not yet been transmitted to the

county court, the plaintiff may request a writ of possession. On

request and payment of the applicable fee, the justice court shall

issue the writ of possession immediately and without a hearing.

Regardless of whether a writ of possession is issued, the justice

court shall transmit the transcript and appeal documents to the

county court for trial de novo on issues relating to possession,

rent, or attorney's fees ].

(b) [ If an eviction case is based on nonpayment of rent and

the tenant appeals by filing a pauper's affidavit, the tenant shall

pay the rent, as it becomes due, into the justice court or the

county court registry, as applicable, during the pendency of the

appeal, in accordance with the Texas Rules of Civil Procedure and

Subsection (a). ] If a government agency is responsible for all or a

portion of the rent under an agreement with the plaintiff

[ landlord ], the defendant [ tenant ] shall pay only that portion of

the rent determined by the justice court under Subsection (a) to be

paid by the defendant [ tenant ] during appeal, subject to either

party's right to contest that determination under Subsection (c).

(c) If [ an eviction case is based on nonpayment of rent and ]

the defendant's [ tenant's ] rent during the rental agreement term

has been paid wholly or partly by a government agency, either party

may contest the portion of the rent that the justice court

determines must be paid into the county court registry by the

defendant [ tenant ] under this section. The contest must be filed on

or before the fifth day after the date the justice signs the

judgment. If a contest is filed, not later than the fifth day after

the date the contest is filed the justice court shall notify the

parties and hold a hearing to determine the amount owed by the

defendant [ tenant ] in accordance with the terms of the rental

agreement and applicable laws and regulations. After hearing the

evidence, the justice court shall determine the portion of the rent

that must be paid by the defendant [ tenant ] under this section.

(d) [ If the tenant objects to the justice court's ruling

under Subsection (c) on the portion of the rent to be paid by the

tenant during appeal, the tenant shall be required to pay only the

portion claimed by the tenant to be owed by the tenant until the

issue is tried de novo along with the case on the merits in county

court. ] During the pendency of the appeal, either party may file a

motion with the county court to reconsider the amount of the rent

that must be paid by the defendant [ tenant ] into the registry of the

court.

(e) If either party files a contest under Subsection (c) and

the defendant [ tenant ] files a pauper's affidavit that is contested

by the plaintiff [ landlord ] under Section 24.0052(d), the justice

court shall hold the hearing on both contests at the same time.

SECTION 12. The heading to Section 24.0054, Property Code,

is amended to read as follows:

Sec. 24.0054. DEFENDANT'S [ TENANT'S ] FAILURE TO PAY RENT

DURING APPEAL.

SECTION 13. Section 24.0054, Property Code, is amended by

amending Subsections (a), (a-1), (a-2), and (f) and adding

Subsection (g) to read as follows:

(a) During an appeal of an eviction case [ for nonpayment of

rent ], the justice court or county court, as applicable, on request

shall immediately issue a writ of possession, without hearing, if[ :

[ (1) ] a defendant [ tenant ] fails to pay [ the initial ]

rent [ deposit ] into the appropriate [ justice ] court registry

[ within five days of the date the tenant filed a pauper's affidavit ]

as required by [ Rule 749b(1), Texas Rules of Civil Procedure, and ]

Section 24.0053 and [ ;

[ (2) ] the justice court has provided the written

notice required by Section 24.0053(a-1)[ ; and

[ (3) the justice court has not yet forwarded the

transcript and original papers to the county court as provided by

Subsection (a-2) ].

(a-1) The sheriff , the [ or ] constable , or another law

enforcement officer shall execute a writ of possession under

Subsection (a) in accordance with Sections 24.0061(d) through (h).

The plaintiff [ landlord ] shall bear the costs of issuing and

executing the writ of possession.

(a-2) If the justice court issues a writ of possession under

this section, the [ The justice court shall forward the transcript

and original papers in an appeal of an eviction case to the county

court but may not forward the transcript and original papers before

the sixth day after the date the tenant files a pauper's affidavit,

except that, if the court confirms that the tenant has timely paid

the initial deposit of rent into the justice court registry in

accordance with Section 24.0053, the court may forward the

transcript and original papers immediately. If the tenant has not

timely paid the initial deposit into the justice court registry,

the justice court on request shall issue a writ of possession

notwithstanding the fact that the tenant has perfected an appeal by

filing a pauper's affidavit that has been approved by the court.

The ] justice court shall forward the transcript and original papers

in the eviction case to the county court for trial de novo to

resolve any remaining issues in the case, such as rent or attorney's

fees , notwithstanding the fact that the [ a ] writ [ of possession

under this section ] has [ already ] been issued or executed .

(f) During the appeal of an eviction case, if a government

agency is responsible for payment of a portion of the rent and does

not pay that portion to the plaintiff [ landlord ] or into the justice

court or county court registry, the plaintiff [ landlord ] may file a

motion with the county court requesting that the defendant [ tenant ]

be required to pay into the county court registry, as a condition of

remaining in possession, the full amount of each rental period's

rent, as it becomes due under the rental agreement. After notice

and hearing, the court shall grant the motion if the plaintiff

[ landlord ] proves by credible evidence that:

(1) a portion of the rent is owed by a government

agency;

(2) the portion of the rent owed by the government

agency is unpaid;

(3) the plaintiff [ landlord ] did not cause wholly or

partly the agency to cease making the payments; and

(4) the plaintiff [ landlord ] did not cause wholly or

partly the agency to pay the wrong amount[ ; and

[ (5) the landlord is not able to take reasonable

action that will cause the agency to resume making the payments of

its portion of the total rent due under the rental agreement ].

(g) For the purpose of the county court's determination

whether to grant the plaintiff's motion under Subsection (f), the

county court may not consider the plaintiff's pursuit of the

eviction process to be a cause of the agency ceasing to make the

payments or paying the wrong amount.

SECTION 14. Sections 24.006(a), (b), and (c), Property

Code, are amended to read as follows:

(a) Except as provided by Subsection (b), to be eligible to

recover attorney's fees in an eviction suit, the person seeking to

recover possession of a premises [ a landlord ] must give an occupant

[ a tenant ] who is unlawfully retaining possession of the

[ landlord's ] premises a written demand to vacate the premises. The

demand must state that if the occupant [ tenant ] does not vacate the

premises before the 11th day after the date of receipt of the notice

and if the person seeking to recover possession of the premises

[ landlord ] files suit, the person seeking to recover possession of

the premises [ landlord ] may recover attorney's fees. The demand

must be sent by registered mail or by certified mail, return receipt

requested, at least 10 days before the date the suit is filed.

(b) If a person seeking to recover possession of the

premises [ the landlord ] provides the occupant [ tenant ] notice under

Subsection (a) or if the person is a landlord under a written lease

that entitles the landlord to recover attorney's fees, the person

[ a prevailing landlord ] is entitled to recover reasonable

attorney's fees if the person prevails in the eviction suit [ from

the tenant ].

(c) If a person seeking to recover possession of the

premises is a [ the ] landlord under [ provides the tenant notice

under Subsection (a) or if ] a written lease that entitles the

landlord or the tenant to recover attorney's fees, the [ prevailing ]

tenant is entitled to recover reasonable attorney's fees from the

landlord if the tenant prevails in the eviction suit . A

[ prevailing ] tenant is not required to give notice in order to

recover attorney's fees under this subsection.

SECTION 15. Sections 24.0061(a), (b), (c), (d), (d-1), (e),

(f), (h), and (i), Property Code, are amended to read as follows:

(a) A plaintiff [ landlord ] who prevails in an eviction suit

is entitled to a judgment for possession of the premises and a writ

of possession. In this chapter, "premises" means :

(1) a [ the ] unit that is occupied or rented ; or

(2) [ and ] any outside area or facility :

(A) that a [ the ] tenant is entitled to use under a

written lease or oral rental agreement ;

(B) [ , or ] that is held out for the use of tenants

generally ; or

(C) that is occupied by or in the possession of

the person against whom the eviction suit is filed .

(b) A writ of possession may not be issued before the sixth

day after the date on which the judgment for possession is rendered

unless a possession bond has been filed and approved under the Texas

Rules of Civil Procedure [ and judgment for possession is thereafter

granted by default ]. If judgment in favor of the plaintiff is

entered by summary disposition under Section 24.005106, a writ of

possession may not be issued before the day after the date of the

judgment. The writ of possession may be served by a sheriff,

constable, or other law enforcement officer, including an off-duty

law enforcement officer retained by the plaintiff for that purpose.

(c) The court shall notify a defendant [ tenant ] in writing

of a default judgment for possession by sending a copy of the

judgment to the premises by first class mail not later than 48 hours

after the entry of the judgment.

(d) The writ of possession shall order the officer executing

the writ to:

(1) post a written warning of at least 8-1/2 by 11

inches on the exterior of the front door of the rental unit

notifying the defendant [ tenant ] that the writ has been issued and

that the writ will be executed on or after a specific date and time

stated in the warning not sooner than 24 hours after the warning is

posted; and

(2) when the writ is executed:

(A) deliver possession of the premises to the

plaintiff [ landlord ];

(B) instruct the defendant [ tenant ] and all

persons claiming under the defendant [ tenant ] to leave the premises

immediately, and, if the persons fail to comply, physically remove

them;

(C) instruct the defendant [ tenant ] to remove or

to allow the plaintiff [ landlord ], the plaintiff's [ landlord's ]

representatives, or other persons acting under the officer's

supervision to remove all personal property from the rental unit

other than personal property claimed to be owned by the plaintiff

[ landlord ]; and

(D) place, or have an authorized person place,

the removed personal property outside the rental unit at a nearby

location, but not blocking a public sidewalk, passageway, or street

and not while it is raining, sleeting, or snowing, except as

provided by Subsection (d-1).

(d-1) A municipality may provide, without charge to the

plaintiff [ landlord ] or to the owner of personal property removed

from a rental unit under Subsection (d), a portable, closed

container into which the removed personal property shall be placed

by the officer executing the writ or by the authorized person. The

municipality may remove the container from the location near the

rental unit and dispose of the contents by any lawful means if the

owner of the removed personal property does not recover the

property from the container within a reasonable time after the time

the property is placed in the container.

(e) The writ of possession shall authorize the officer, at

the officer's discretion, to engage the services of a bonded or

insured warehouseman to remove and store, subject to applicable

law, part or all of the property at no cost to the plaintiff

[ landlord ] or the officer executing the writ.

(f) The officer may not require the plaintiff [ landlord ] to

store the property.

(h) An officer [ A sheriff or constable ] may use reasonable

force in executing a writ under this section.

(i) A plaintiff [ landlord ] is not liable for damages to the

defendant [ tenant ] resulting from the enforcement of a judgment in

favor of the plaintiff under this chapter including the execution

of a writ of possession by an officer under this section.

SECTION 16. Sections 24.0062(a), (b), (d), (e), (g), and

(i), Property Code, are amended to read as follows:

(a) If personal property is removed from a defendant's

[ tenant's ] premises as the result of an action brought under this

chapter and stored in a bonded or insured public warehouse, the

warehouseman has a lien on the property to the extent of any

reasonable storage and moving charges incurred by the warehouseman.

The lien does not attach to any property until the property has been

stored by the warehouseman.

(b) If property is to be removed and stored in a public

warehouse under a writ of possession, the officer executing the

writ shall, at the time of execution, deliver in person to the

defendant [ tenant ], or by first class mail to the defendant's

[ tenant's ] last known address not later than 72 hours after

execution of the writ if the defendant [ tenant ] is not present, a

written notice stating the complete address and telephone number of

the location at which the property may be redeemed and stating that:

(1) the defendant's [ tenant's ] property is to be

removed and stored by a public warehouseman under Section 24.0062

of the Property Code;

(2) the defendant [ tenant ] may redeem any of the

property, without payment of moving or storage charges, on demand

during the time the warehouseman is removing the property from the

defendant's [ tenant's ] premises and before the warehouseman

permanently leaves the defendant's [ tenant's ] premises;

(3) within 30 days from the date of storage, the

defendant [ tenant ] may redeem any of the property described by

Section 24.0062(e), Property Code, on demand by the defendant

[ tenant ] and on payment of the moving and storage charges

reasonably attributable to the items being redeemed;

(4) after the 30-day period and before sale, the

defendant [ tenant ] may redeem the property on demand by the

defendant [ tenant ] and on payment of all moving and storage

charges; and

(5) subject to the previously stated conditions, the

warehouseman has a lien on the property to secure payment of moving

and storage charges and may sell all the property to satisfy

reasonable moving and storage charges after 30 days, subject to the

requirements of Section 24.0062(j) of the Property Code.

(d) On demand by the defendant [ tenant ] during the time the

warehouseman is removing the property from the defendant's

[ tenant's ] premises and before the warehouseman permanently leaves

the defendant's [ tenant's ] premises, the warehouseman shall return

to the defendant [ tenant ] all property requested by the defendant

[ tenant ], without charge.

(e) On demand by the defendant [ tenant ] within 30 days after

the date the property is stored by the warehouseman and on payment

by the defendant [ tenant ] of the moving and storage charges

reasonably attributable to the items being redeemed, the

warehouseman shall return to the defendant [ tenant ] at the

warehouse the following property:

(1) wearing apparel;

(2) tools, apparatus, and books of a trade or

profession;

(3) school books;

(4) a family library;

(5) family portraits and pictures;

(6) one couch, two living room chairs, and a dining

table and chairs;

(7) beds and bedding;

(8) kitchen furniture and utensils;

(9) food and foodstuffs;

(10) medicine and medical supplies;

(11) one automobile and one truck;

(12) agricultural implements;

(13) children's toys not commonly used by adults;

(14) goods that the warehouseman or the warehouseman's

agent knows are owned by a person other than the defendant [ tenant ]

or an occupant of the residence;

(15) goods that the warehouseman or the warehouseman's

agent knows are subject to a recorded chattel mortgage or financing

agreement; and

(16) cash.

(g) On demand by the defendant [ tenant ] to the warehouseman

after the 30-day period and before sale and on payment by the

defendant [ tenant ] of all unpaid moving and storage charges on all

the property, the warehouseman shall return all the previously

unredeemed property to the defendant [ tenant ] at the warehouse.

(i) Before the sale of the property by the warehouseman, the

defendant [ tenant ] may file suit in the justice court in which the

eviction judgment was rendered, or in another court of competent

jurisdiction in the county in which the rental premises are

located, to recover the property described by Subsection (e) on the

ground that the plaintiff [ landlord ] failed to return the property

after timely demand and payment by the defendant [ tenant ], as

provided by this section. Before sale, the defendant [ tenant ] may

also file suit to recover all property moved or stored by the

warehouseman on the ground that the amount of the warehouseman's

moving or storage charges is not reasonable. All proceedings under

this subsection have precedence over other matters on the court's

docket. The justice court that issued the writ of possession has

jurisdiction under this section regardless of the amount in

controversy.

SECTION 17. Section 24.011, Property Code, is amended to

read as follows:

Sec. 24.011. NONLAWYER REPRESENTATION. (a) In an eviction

suit [ suits ] in justice court [ for nonpayment of rent or holding

over beyond a rental term ], the parties may represent themselves or

be represented by their authorized agents, who need not be

attorneys. [ In any eviction suit in justice court, an authorized

agent requesting or obtaining a default judgment need not be an

attorney. ]

(b) In an appeal of an eviction suit for nonpayment of rent

in a county or district court, an owner of a multifamily residential

property may be represented by the owner's authorized agent, who

need not be an attorney[ , or, if the owner is a corporation or other

entity, by an employee, owner, officer, or partner of the entity,

who need not be an attorney ].

SECTION 18. Chapter 24, Property Code, is amended by adding

Section 24.012 to read as follows:

Sec. 24.012. MUNICIPAL OR COUNTY SUPPORT FOR TENANTS IN

EVICTION PROCESS. (a) A municipality or county that funds a legal

aid service or organization to provide information, advice, or

representation to eligible tenants in the eviction process shall

provide an equal amount of funding to pay for relocation assistance

for tenants.

(b) Relocation assistance provided to a tenant under

Subsection (a) must be in a sufficient amount to enable the tenant

to move out of the premises from which the tenant is being evicted,

including:

(1) the tenant's moving expenses;

(2) a security deposit, if one is required; and

(3) one month's rent.

SECTION 19. The following provisions of the Property Code

are repealed:

(1) Section 24.002(b);

(2) Sections 24.005(c), (d), (f), (f-1), (f-2), (h),

and (i);

(3) Section 24.0053(a-4); and

(4) Sections 24.0054(a-3), (a-4), (b), (c), (d), and

(e).

SECTION 20. The changes in law made by this Act apply only

to an eviction suit in which the petition is filed on or after the

effective date of this Act. An eviction suit in which the petition

is filed before the effective date of this Act is governed by the

law as it existed immediately before the effective date of this Act,

and that law is continued in effect for that purpose.

SECTION 21. This Act takes effect September 1, 2025.