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.