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.