Paupers Appeal

New Amendment to the Paupers Appeal for 2012

Read the summary with notes here: House Bill Chapter 958 H.B. No. 1111

Read the full amendment here: the actual signed Amendment

§ 24.0052. TENANT APPEAL ON PAUPER’S AFFIDAVIT.

(a) If a tenant in a residential eviction suit is unable to pay the costs of appeal or file an appeal bond as required by the Texas Rules of Civil Procedure, the tenant may appeal the judgment of the justice court by filing with the justice court, not later than the fifth day after the date the judgment is signed, a pauper’s affidavit sworn before the clerk of the justice court or a notary public that states that the tenant is unable to pay the costs of appeal or file an appeal bond. The affidavit must contain the following information:

(1) the tenant’s identity;
(2) the nature and amount of the tenant’s employment income;
(3) the income of the tenant’s spouse, if applicable and available to the tenant;
(4) the nature and amount of any governmental entitlement income of the tenant;
(5) all other income of the tenant;
(6) the amount of available cash and funds available in savings or checking accounts of the tenant;
(7) real and personal property owned by the tenant, other than household furnishings, clothes, tools of a trade, or personal effects;
(8) the tenant’s debts and monthly expenses; and
(9) the number and age of the tenant’s dependents and where those dependents reside.

(b) The justice court shall make available an affidavit form that a
person may use to comply with the requirements of Subsection (a).

(c) The justice court shall promptly notify the landlord if a pauper’s affidavit is
filed by the tenant.

(d) A landlord may contest a pauper’s affidavit on or before the fifth day after the date the affidavit is filed. If the landlord contests the affidavit, the justice court shall notify the parties and hold a hearing to determine whether the tenant is unable to pay the costs of appeal or file an appeal bond. The hearing shall be held not later than the fifth day after the date the landlord notifies the court clerk of the landlord’s contest. At the hearing, the tenant has the burden to prove by competent evidence, including documents or credible testimony of the tenant or others, that the tenant is unable to pay the costs of appeal or file an appeal bond.

(e) If the justice court approves the pauper’s affidavit of a tenant, the tenant is not
required to pay the county court filing fee or file an additional affidavit in
the county court under
Subsection (a).

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