HBA-MSH, CMT C.S.H.B. 284 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 284 By: King, Phil Civil Practices 4/12/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a defendant in a justice or small claims court has only 10 days to file an answer before a default judgment can be taken against the defendant. Many of these court citations are served by mail and can take some time to reach the defendant, leaving inadequate time for a defendant to respond. C.S.H.B. 284 requires a defendant to file an answer to a citation by the 20th day after the date of service of a citation before a default judgment may be taken. 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. ANALYSIS C.S.H.B. 284 amends the Civil Practice and Remedies Code to require that a defendant served with a citation issued in a justice or small claims court file an answer to the plaintiff's petition or statement of the claim before 10 a.m. on the Monday following the 20th day after the date of service of citation. The bill sets forth the content of the citation issued in a justice or small claims court. The provisions of this bill do not apply to a forcible detainer action. The bill also provides that notwithstanding the supreme court's authority to promulgate the rules of civil procedure, the supreme court is prohibited from amending or adopting rules in conflict with the provisions of this bill. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 284 modifies the original by adding language to the content of the citation issued in a justice court that states, "Certain kinds of suits require that you file an answer in writing that is verified by a sufficient affidavit. Failure to file a proper answer could result in you being unable to present evidence in your defense or in a summary judgment being taken against you."