HBA-DMD H.B. 3182 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3182 By: Grusendorf Business & Industry 4/4/1999 Introduced 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. H.B. 3182 sets forth that in a justice court case in which a sworn complaint is filed by a landlord seeking judgment against a tenant for both eviction and unpaid rent, either personal service on the tenant or alternative service on the tenant is sufficient to support a default judgment for eviction and unpaid rent. 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. Sets forth that in a justice court case in which a sworn complaint is filed by a landlord seeking judgment against a tenant for both eviction and unpaid rent, either personal service on the tenant or alternative service on the tenant under Rule 742a (Service by Delivery to Premises), Texas Rules of Civil Procedure, is sufficient, procedurally, to support a default judgment for eviction and unpaid rent, and the landlord's right to recover unpaid rent is not precluded by the tenant's moving out of the dwelling between the date the sworn complaint is filed with the court and the date the court enters judgment. SECTION 2.Effective date: September 1, 1999. SECTION 3.Emergency clause.