HB32 - Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises.

  89R21831 SCR-D     By: Button, Geren, Moody, Smithee, Leach, H.B. No. 32       et al.     Substitute the following for H.B. No. 32:     By:  Leach C.S.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 to which the   suit is transferred under Section 24.0041 has jurisdiction in an     eviction suit  [ suits ].  Eviction suits include forcible entry and   detainer and forcible detainer suits. A justice court has   jurisdiction to issue a writ of possession under this chapter     [ Sections 24.0054(a), (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   Sections 24.0041, 24.0042, and 24.0043 to read as follows:           Sec.   24.0041.     VENUE.   (a)   An eviction suit must be brought   in the justice precinct in which the real property is located. On   the motion of the plaintiff, the justice court shall transfer the   eviction suit to a justice court in an adjacent precinct in the   county in which the real property is located if:                 (1)     the sheriff or constable is unable to serve the   citation on the defendant on or before the fifth business day after   the date the petition is filed;                 (2)     the justice court is unable to conduct the trial of   the eviction suit on or before the 21st day after the date the   petition is filed; or                 (3)     any other sufficient cause exists, as determined   by the justice court.           (b)     If the justice court finds sufficient cause for a change   in venue under this section, the eviction suit must be transferred   to the justice court identified by the plaintiff in the plaintiff's   motion. On granting the motion, the justice court shall   immediately forward the transcript and original papers in the case,   by electronic means or otherwise, to the clerk of the justice court   to which the suit is transferred.           (c)     On a transfer of an eviction suit under this section,   the justice court to which the suit is transferred may not require   the plaintiff to pay:                 (1)  any additional filing fees; or                 (2)     an additional service fee, unless additional   service is required.           Sec.   24.0042.     COMPUTATION OF TIME. A period of time   prescribed by this chapter:                 (1)     does not include the day of the event that begins   the period;                 (2)     includes Saturdays, Sundays, and state or federal   holidays;                 (3)  includes the last day of the period; and                 (4)     if the last day of the period is a Saturday,   Sunday, or state or federal holiday, is extended so that the last   day of the period is the next day that is not a Saturday, Sunday, or   state or federal holiday.           Sec.   24.0043.     AUTHORITY TO MODIFY OR SUSPEND EVICTION   PROCEDURES. (a) Except as provided by Subsection (b) but   notwithstanding any other law, including Section 22.004,   Government Code, only the legislature may modify or suspend   procedures prescribed by this chapter.           (b)     This section does not affect the authority of the   supreme court to modify or suspend certain provisions for the   conduct of any court proceedings affected by a disaster under   Section 22.0035(b), Government Code, but such a modification or   suspension may be applied to an eviction suit only if:                 (1)     the modification or suspension is applicable to   all courts similarly affected by the disaster without regard to the   subject matter of an action; and                 (2)     any request for the modification or suspension is   made in writing and available to the public.          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) and (e) and adding Subsections (c-1),   (f-3), and (f-4) to read as follows:          (a)  If the occupant is a tenant under a written lease or oral   rental agreement, the landlord must give 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. In a forcible detainer suit against a tenant whose   right of possession is terminated based on nonpayment of rent,   written notice under this section shall be given in the form of   either a notice to pay rent or vacate or a notice to vacate. A   landlord who files a forcible detainer suit on grounds 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.           (c-1)     If a federal law or rule requires a landlord to give   notice to a tenant before the landlord requires the tenant to vacate   the premises:                 (1)     a landlord that satisfies the notice requirements   of this section is not required to delay the filing of an eviction   suit based on the federal requirement;                 (2)     the federal requirement is not a basis for a court   to delay or abate the conduct of the eviction suit; and                 (3)     a writ of possession may not be served on the   tenant until the period between the delivery of the notice under   this section and the service of the writ equals or exceeds the   period prescribed by the federal requirement.          (e)  If the lease or applicable state or federal  law or rule     requires a [ the ] landlord to give a tenant 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   using at least one of the following methods:                 (1)     mail, including first class mail, registered mail,   certified mail, or a delivery service;                 (2)  delivery to the inside of the premises;                 (3)  hand delivery to any tenant of the premises; or                 (4)     if the parties have agreed in writing, electronic   communication, including e-mail or other electronic means.           (f-4)     Subsection (f-3) does not apply if the tenant actually   receives the notice.          SECTION 5.  Chapter 24, Property Code, is amended by adding   Sections 24.00505 and 24.00506 to read as follows:           Sec.   24.00505.     PETITION. To initiate an eviction suit, a   sworn petition must be filed with the court.   The petition must   include the contents required by the Texas Rules of Civil   Procedure.           Sec.   24.00506.     RULES OF COURT.   (a)   A court may adopt local   rules, forms, or standing orders for eviction suits in accordance   with the Texas Rules of Civil Procedure.           (b)     A court may not adopt local rules, forms, or standing   orders for eviction suits that:                 (1)     require content in or with the petition other than   the content required by the Texas Rules of Civil Procedure;                 (2)     require any mediation, pretrial conference, or   other proceeding before trial; or                 (3)     authorize the dismissal of an eviction suit on the   basis that the petition is improper if the petition:                       (A)     meets the requirements of the Texas Rules of   Civil Procedure; or                       (B)     can be amended to meet the requirements of   the Texas Rules of Civil Procedure.          SECTION 6.  Section 24.0051, Property Code, is amended to   read as follows:          Sec. 24.0051.  PROCEDURES APPLICABLE IN SUIT TO EVICT AND   RECOVER UNPAID RENT.  (a)  In a suit filed in justice court in which   the landlord files a sworn petition  [ statement ] seeking judgment   against a tenant for possession of the premises and unpaid rent,   personal service on the tenant or service on the 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 landlord may recover unpaid rent under this section   regardless of whether the tenant vacated the premises after the   date the landlord filed the sworn petition  [ 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 tenant  [ 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 tenant  [ defendant ] on the first   page of the citation in English and Spanish and in conspicuous bold   print:   SUIT TO EVICT       &#x [Text truncated for display. 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