HBA-ATS, DMD H.B. 3182 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3182
By: Grusendorf
Business & Industry
6/21/1999
Enrolled



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 service, the constable is allowed to serve the resident by
alternative service.  An opinion issued by the attorney general (No.
DM-358) states that a judgment can be taken against the resident for
eviction and possession of the rental premises but not for rent.  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.