HBA-DMD C.S.H.B. 3182 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3182
By: Grusendorf
Business & Industry
4/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Rule 738 (May Sue for Rent) of the Texas Rules of Civil Procedure allows a
suit for unpaid rent to be combined with a suit for eviction. When a
resident evades being served, the constable is allowed to serve the
resident by alternative service. A recent opinion issued by the attorney
general (No. DM358) stated that a judgment could be taken against the
resident for eviction and possession of the rental premises but not for
rent. C.S.H.B. 3182 sets forth that a suit in a justice court in which a
landlord files a sworn statement seeking judgment against a tenant for
certain violations under Rule 742a (Service by Delivery to Premises), Texas
Rules of Civil Procedure, is sufficient to support a default judgment for
possession of the premises and unpaid rent. This bill also authorizes a
landlord to recover unpaid rent regardless of whether the tenant vacated
the premises after the landlord filed the sworn statement and before the
court renders judgment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 24, Property Code, by adding Section 24.0051, as
follows: 

Sec. 24.0051. PROCEDURES APPLICABLE IN SUIT TO EVICT AND RECOVER UNPAID
RENT. (a) Sets forth that in a suit filed in a justice court in which a
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 (Service by Delivery to Premises),
Texas Rules of Civil Procedure, is procedurally sufficient to support a
default judgment for possession of the premises and unpaid rent.  

(b) Authorizes a landlord to recover unpaid rent regardless of whether the
tenant vacated the premises after the landlord filed the sworn statement
and before the court renders judgment. 

SECTION 2.Effective date: September 1, 1999. 

SECTION 3.Emergency clause. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (Section
24.0051, Property Code), by adding "Procedures Applicable in Suit to Evict
And Recover Unpaid Rent" as a title to the section. In addition, this
substitute differs from the original bill by conforming to the Legislative
Council format.