88R11192 TSS-D     By: Schofield H.B. No. 3952       A BILL TO BE ENTITLED   AN ACT   relating to the jurisdiction of courts in cases of forcible entry   and detainer and forcible detainer.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 25.0003, Government Code, is amended by   adding Subsection (g) to read as follows:          (g)  A statutory county court has concurrent jurisdiction   with a justice court in cases of forcible entry and detainer and   forcible detainer.          SECTION 2.  Section 27.031, Government Code, is amended by   amending Subsection (a) and adding Subsection (b-1) to read as   follows:          (a)  In addition to the jurisdiction and powers provided by   the constitution and other law, the justice court has original   jurisdiction of:                (1)  civil matters in which exclusive jurisdiction is   not in the district or county court and in which the amount in   controversy is not more than $20,000, exclusive of interest;                [(2)  cases of forcible entry and detainer;] and                (2) [(3)]  foreclosure of mortgages and enforcement of   liens on personal property in cases in which the amount in   controversy is otherwise within the justice court's jurisdiction.          (b-1)  A justice court has concurrent jurisdiction with a   statutory county court in cases of forcible entry and detainer and   forcible detainer.           SECTION 3.  Section 24.004, Property Code, is amended by   adding Subsection (a-1) and amending Subsection (b) to read as   follows:          (a-1)  Except as provided by Subsection (b), a statutory   county court has concurrent jurisdiction with a justice court in   forcible entry and detainer and forcible detainer suits.  A   statutory county court has jurisdiction to issue a writ of   possession under Sections 24.0054(a), (a-2), and (a-3).           (b)  A justice court or statutory county court does not have   jurisdiction in a forcible entry and detainer or forcible detainer   suit and shall dismiss the suit if the defendant files a sworn   statement alleging the suit is based on a deed executed in violation   of Chapter 21A, Business & Commerce Code.          SECTION 4.  Section 24.0051(a), Property Code, is amended to   read as follows:          (a)  In a suit [filed in justice court] in which the landlord   files a sworn 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 Rule 742a, Texas Rules of   Civil Procedure, is procedurally sufficient to support a default   judgment for possession of the premises and unpaid rent.          SECTION 5.  Section 24.00511(a), Property Code, is amended   to read as follows:          (a)  In a residential eviction suit for nonpayment of rent,   the statutory county court or justice court in which the suit is   filed 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 6.  Section 24.00512, Property Code, is amended to   read as follows:          Sec. 24.00512.  CONTEST OF CERTAIN APPEAL BONDS.  (a)  This   section does not apply to an appeal bond issued by a corporate   surety authorized by the Texas Department of Insurance to engage in   business in this state.          (b)  If a party appeals the judgment of a statutory county   court or justice court in a residential eviction suit for   nonpayment of rent by filing an appeal bond, the opposing party may   contest the bond amount, form of the bond, or financial ability of a   surety to pay the bond by filing a written notice with the [justice]   court that rendered the judgment contesting the appeal bond on or   before the fifth day after the date the appeal bond is filed and   serving a copy on the other party.  After the notice is filed, the   [justice] court shall notify the other party and the surety of the   contest.          (c)  Not later than the fifth day after the date the contest   is filed, the statutory county court or justice court in which the   notice under Subsection (b) is filed shall hold a hearing to hear   evidence to determine whether to approve or disapprove the amount   or form of the bond or the surety.          (d)  If a party contests the amount or form of the bond, the   contesting party has the burden to prove, by a preponderance of the   evidence, that the amount or form of the bond, as applicable, is   insufficient.  If a party contests the financial ability of a surety   to pay the bond, the party filing the bond must prove, by a   preponderance of the evidence, that the surety has sufficient   nonexempt assets to pay the appeal bond.  If the [justice] court   determines that the amount or form of the bond is insufficient or   the surety does not have sufficient nonexempt assets to pay the   appeal bond, the [justice] court must disapprove the bond.  If the   surety fails to appear at the contest hearing, the failure to appear   is prima facie evidence that the bond should be disapproved.          (e)  Not later than the fifth day after the date the   statutory county court or justice court, as applicable, disapproves   an appeal bond, the party appealing may make a cash deposit, file a   sworn statement of inability to pay with the [justice] court, or   appeal the decision disapproving the appeal bond to the county   court, if the decision is made by a justice court, or to the court of   appeals, if the decision is made by a statutory county court.  If   the party appealing fails to make a cash deposit, file a sworn   statement of inability to pay, or appeal the decision disapproving   the appeal bond, the judgment of the [justice] court that rendered   the original judgment becomes final and a writ of possession and   other processes to enforce the judgment must be issued on the   payment of the required fee.          (f)  If an appeal is filed with the county court under   Subsection (e), 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.          (f-1)  If an appeal is filed with the court of appeals under   Subsection (e), the statutory county court shall transmit to the   court of appeals the contest to the appeal bond and all relevant   documents. The court of appeals shall docket the appeal, and if   oral argument is requested, schedule a hearing as soon as   practicable and notify the parties and the surety of any hearing   set.          (f-2)  The failure of a [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 court hearing the appeal   [county court] issues a final decision on the appeal bond.          (g)  After the contest is heard by the [county] court in   which an appeal is filed, the [county] clerk of the court shall   transmit the transcript and records of the case to the [justice]   court that rendered the original judgment in the case.  If the   [county] court hearing the appeal 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   that rendered the original judgment in the case in an amount   determined by the [county] court hearing the appeal or by filing a   sworn statement of inability to pay with the [justice] court that   rendered the original judgment in the case pursuant to the Texas   Rules of Civil Procedure.  If the 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 that rendered the original judgment 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   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 that rendered the original   judgment becomes final.  If the appeal bond is approved by the   [county] court hearing the appeal, the court shall transmit the   transcript and other records of the case to the [justice] court that   rendered the original judgment, and that [the justice] court shall   proceed as if the appeal bond was originally approved.          SECTION 7.  Section 24.0052, Property Code, is amended to   read as follows:          Sec. 24.0052.  TENANT APPEAL ON PAUPER'S AFFIDAVIT.  (a)  If   a 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 tenant may appeal the judgment of the   [justice] court that rendered the original judgment by filing with   that [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   tenant is unable to pay the costs of appeal or file an appeal bond.     The affidavit must contain the following information:                (1)  the tenant's identity;                (2)  the nature and amount of the tenant's employment   income;                (3)  the income of the tenant's spouse, if applicable   and available to the tenant;                (4)  the nature and amount of any governmental   entitlement income of the tenant;                (5)  all other income of the tenant;                (6)  the amount of available cash and funds available   in savings or checking accounts of the tenant;                (7)  real and personal property owned by the tenant,   other than household furnishings, clothes, tools of a trade, or   personal effects;                (8)  the tenant's debts and monthly expenses; and                (9)  the number and age of the tenant's dependents and   where those dependents reside.          (b)  A statutory county court or [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 in which a pauper's affidavit is   filed under this section shall promptly notify the landlord that   [if] a pauper's affidavit has been [is] filed by the tenant.          (d)  A landlord may contest a pauper's affidavit on or before   the fifth day after the date the affidavit is filed.  If the   landlord contests the affidavit, the [justice] court in which the   affidavit was filed shall notify the parties and hold a hearing to   determine whether the 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 landlord notifies the court clerk of   the landlord's contest.  At the hearing, the tenant has the burden   to prove by competent evidence, including documents or credible   testimony of the tenant or others, that the 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 tenant filed under this section, the tenant is not required to   pay the [county court] filing fee in the court in which the appeal   is filed or file an additional affidavit in the appellate [county]   court under Subsection (a).          SECTION 8.  Section 24.00521, Property Code, is amended to   read as follows:          Sec. 24.00521.  CONTEST OF CERTAIN APPEAL BONDS [IN COUNTY   COURT].  (a)  A contest under Section 24.00512 filed in a justice   court does not preclude a party from contesting the appeal bond in   the county court after the county court has jurisdiction over the   eviction suit.          (b)  A contest under Section 24.00512 filed in a statutory   county court does not preclude a party from contesting the appeal   bond in the court of appeals after the court of appeals has   jurisdiction over the appeal of an eviction suit.          (c)  After the county court has jurisdiction over the appeal   of an eviction suit or a court of appeals has jurisdiction over the   appeal of an eviction suit, the county court or court of appeals, as   applicable, may modify the amount or form of the bond and determine   the sufficiency of the surety.          SECTION 9.  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 a statutory county court or [the] justice court, as   applicable, enters judgment for the 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 tenant.  The court's determination shall   be in accordance with the terms of the rental agreement and   applicable laws and regulations.  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)  In an eviction suit for nonpayment of rent, if a   tenant files 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 in which the affidavit or bond   is filed shall provide to the 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 tenant must pay into the [justice] court   registry;                (2)  whether the 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 initial deposit   must be paid into the [justice] court registry;                (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 registry by the date prescribed by   Subdivision (3) may result in the court issuing a writ of possession   without a hearing.          (a-2)  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)  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 in which the appeal is filed, the plaintiff may   request a writ of possession.  On request and payment of the   applicable fee, the [justice] court that rendered the original   judgment shall issue the writ of possession immediately and without   a hearing.  Regardless of whether a writ of possession is issued:                (1)  a [, 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; or                (2)  a statutory county court shall transmit the   transcript and appeal documents to the court of appeals for an   appeal conducted in the same manner as the appeal of any other order   or other action of the court.          (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 landlord, the tenant   shall pay only that portion of the rent determined by the [justice]   court under Subsection (a) to be paid by the 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 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 tenant under this   section.  The contest must be filed on or before the fifth day after   the date the judge or justice, as applicable, 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 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 tenant under this section.          (d)  If the tenant objects to a [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. If the tenant objects to a statutory county 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   appeal is final. During the pendency of an [the] appeal taken from   a justice court, either party may file a motion with the county   court to reconsider the amount of the rent that must be paid by the   tenant into the registry of the court.          (e)  If either party files a contest under Subsection (c) and   the tenant files a pauper's affidavit that is contested by the   landlord under Section 24.0052(d), the [justice] court shall hold   the hearing on both contests at the same time.          SECTION 10.  Sections 24.0054(a), (a-2), (a-3), (a-4), (b),   (c), (e), and (f), Property Code, are amended to read as follows:          (a)  During an appeal of an eviction case for nonpayment of   rent, the [justice] court that rendered the original judgment, on   request, shall immediately issue a writ of possession, without   hearing, if:                (1)  a tenant fails to pay the initial rent deposit into   the [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;                (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 in which the   appeal is filed as provided by Subsection (a-2).          (a-2)  The [justice] court that rendered the original   judgment shall forward the transcript and original papers in an   appeal [of an eviction case] to the [county] court hearing the   appeal 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.  If the court that rendered the original judgment is a   justice court, the [The] justice court shall forward the transcript   and original papers in the case to the county court for trial de   novo, notwithstanding the fact that a writ of possession under this   section has already been issued. If the court that rendered the   original judgment is a statutory county court, the county court   shall forward the transcript and original papers in the case to the   court of appeals, notwithstanding the fact that a writ of   possession under this section has already been issued.          (a-3)  Notwithstanding Subsections (a) and (a-2), the   [justice] court that rendered the original judgment may not issue a   writ of possession if the tenant has timely deposited the tenant's   portion of the rent claimed by the tenant under Section 24.0053(d).          (a-4)  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, the landlord may file with the [county] court   hearing the appeal 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 hearing the appeal finds that the   tenant has not complied with the payment requirements of the Texas   Rules of Civil Procedure and Section 24.0053, 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.          (c)  If the court finds that a tenant has failed to timely pay   the rent into the court registry on more than one occasion:                (1)  the tenant is not entitled to stay the issuance of   the writ by paying the rent and the landlord's reasonable attorney's   fees, if any; and                (2)  the [county] court hearing the appeal shall   immediately issue a writ of possession.          (e)  In a motion or hearing under Subsection (a-4), or in a   motion to dismiss an appeal of an eviction case [in county court],   other than a motion to dismiss an appeal filed in a court of   appeals, the parties may represent themselves or be represented by   their authorized agents, who need not be attorneys.          (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 landlord or into the [justice] court [or   county court] registry, the landlord may file a motion with the   [county] court hearing the appeal requesting that the 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 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 landlord did not cause wholly or partly the   agency to cease making the payments;                (4)  the 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.          SECTION 11.  Section 24.0062(i), Property Code, is amended   to read as follows:          (i)  Before the sale of the property by the warehouseman, the   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 landlord failed to return the property after timely   demand and payment by the tenant, as provided by this section.     Before sale, the 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 12.  Section 24.007, Property Code, is amended to   read as follows:          Sec. 24.007.  APPEAL.  (a)  A final judgment of a county   court in an eviction suit originally filed in a justice court may   not be appealed on the issue of possession unless the premises in   question are being used for residential purposes only.  A judgment   of a county court in an eviction case originally filed in a justice   court may not under any circumstances be stayed pending appeal   unless, within 10 days of the signing of the judgment, the appellant   files a supersedeas bond in an amount set by the county court.  In   setting the supersedeas bond the county court shall provide   protection for the appellee to the same extent as in any other   appeal, taking into consideration the value of rents likely to   accrue during appeal, damages which may occur as a result of the   stay during appeal, and other damages or amounts as the court may   deem appropriate.          (b)  A final judgment of a court of appeals in an eviction   suit originally filed in a statutory county court may not be further   appealed on the issue of possession unless the premises in question   are being used for residential purposes only.  A judgment of a court   of appeals in an appeal taken from an eviction case originally filed   in a statutory county court may not under any circumstances be   stayed pending appeal unless, within 10 days of the signing of the   judgment, the appellant files a supersedeas bond in an amount set by   the court of appeals.  In setting the supersedeas bond the court of   appeals shall provide protection for the appellee to the same   extent as in any other appeal, taking into consideration the value   of rents likely to accrue during appeal, damages which may occur as   a result of the stay during appeal, and other damages or amounts as   the court may deem appropriate.          SECTION 13.  Section 24.011(a), Property Code, is amended to   read as follows:          (a)  In eviction suits in a statutory county court or 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 a statutory county court or justice court, an authorized agent   requesting or obtaining a default judgment need not be an attorney.          SECTION 14.  Section 501.0521(a), Transportation Code, is   amended to read as follows:          (a)  A justice of the peace or municipal court judge may not   issue an order related to a title except as provided by Chapter 47,   Code of Criminal Procedure, or Section 27.031(a)(2)    [27.031(a)(3)], Government Code.          SECTION 15.  The changes in law made by this Act apply only   to a forcible entry and detainer or a forcible detainer 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 on the   date the suit was filed, and the former law is continued in effect   for that purpose.          SECTION 16.  This Act takes effect September 1, 2023.