89R6006 SCR-D     By: Bettencourt, et al. S.B. No. 38       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.