Bill Text: TX HB5043 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to expedited forcible detainer suits to evict certain occupants of a dwelling.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Business & Industry [HB5043 Detail]
Download: Texas-2023-HB5043-Introduced.html
88R15194 PRL-F | ||
By: Garcia | H.B. No. 5043 |
|
||
|
||
relating to expedited forcible detainer suits to evict certain | ||
occupants of a dwelling. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 24, Property Code, is amended by adding | ||
Section 24.012 to read as follows: | ||
Sec. 24.012. FORCIBLE DETAINER SUITS AGAINST CERTAIN | ||
OCCUPANTS OF A DWELLING. (a) Notwithstanding any other law, a | ||
person with the right of possession of a dwelling may file a | ||
forcible detainer suit to remove an occupant of the dwelling who: | ||
(1) is not the property owner; | ||
(2) is not entitled to occupy the dwelling under a | ||
written lease or oral rental agreement with: | ||
(A) the landlord; or | ||
(B) another person entitled to occupy the | ||
dwelling under a written lease or oral rental agreement with the | ||
landlord; and | ||
(3) does not pay rent. | ||
(b) A person is not required to comply with any oral or | ||
written notice requirement of this chapter or any other law before | ||
the person files a forcible detainer suit under this section. | ||
(c) A person who files a forcible detainer suit under this | ||
section is entitled to a judgment for possession and a writ of | ||
possession under Section 24.0061 if the person presents to the | ||
court: | ||
(1) a copy of one or more of the following orders | ||
protecting the person filing the suit or a tenant or lawful occupant | ||
of the dwelling from family violence alleged to have been committed | ||
by the person whose eviction is sought: | ||
(A) a temporary injunction issued under | ||
Subchapter F, Chapter 6, Family Code; | ||
(B) a temporary ex parte order issued under | ||
Chapter 83, Family Code; | ||
(C) a protective order issued under Chapter 85, | ||
Family Code; or | ||
(D) an order of emergency protection under | ||
Article 17.292, Code of Criminal Procedure; | ||
(2) a copy of documentation of the family violence | ||
described against the person filing the suit or a tenant or lawful | ||
occupant of the dwelling by the person whose eviction is sought | ||
from: | ||
(A) a licensed health care services provider who | ||
examined the victim; | ||
(B) a licensed mental health services provider | ||
who examined or evaluated the victim; or | ||
(C) an advocate as defined by Section 93.001, | ||
Family Code, who assisted the victim; | ||
(3) if the person filing the suit or a tenant or lawful | ||
occupant of the dwelling is a victim or a parent or guardian of a | ||
victim of sexual assault under Section 22.011, Penal Code, | ||
aggravated sexual assault under Section 22.021, Penal Code, | ||
indecency with a child under Section 21.11, Penal Code, sexual | ||
performance by a child under Section 43.25, Penal Code, continuous | ||
sexual abuse of young child or disabled individual under Section | ||
21.02, Penal Code, or an attempt to commit any of the preceding | ||
offenses under Section 15.01, Penal Code, that takes place during | ||
the preceding six-month period at the dwelling or on the dwelling | ||
premises, that is alleged to have been committed by the person whose | ||
eviction is sought, a copy of: | ||
(A) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from a licensed health | ||
care services provider who examined the victim; | ||
(B) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from a licensed mental | ||
health services provider who examined or evaluated the victim; | ||
(C) documentation of the assault or abuse, or | ||
attempted assault or abuse, of the victim from an individual | ||
authorized under Chapter 420, Government Code, who provided | ||
services to the victim; or | ||
(D) documentation of a protective order issued | ||
under Subchapter A, Chapter 7B, Code of Criminal Procedure, except | ||
for a temporary ex parte order; | ||
(4) if the person filing the suit or a tenant or lawful | ||
occupant of the dwelling is a victim or a parent or guardian of a | ||
victim of stalking under Section 42.072, Penal Code, that takes | ||
place during the preceding six-month period at the dwelling or on | ||
the dwelling premises, that is alleged to have been committed by the | ||
person whose eviction is sought, a copy of: | ||
(A) documentation of a protective order issued | ||
under Subchapter A or B, Chapter 7B, Code of Criminal Procedure, | ||
except for a temporary ex parte order; or | ||
(B) documentation of the stalking from a provider | ||
of services described by Subdivision (1), (2), or (3) and: | ||
(i) a law enforcement incident report or, | ||
if a law enforcement incident report is unavailable, another record | ||
maintained in the ordinary course of business by a law enforcement | ||
agency; and | ||
(ii) if the report or record described by | ||
Paragraph (A) identifies the victim by means of a pseudonym, as | ||
defined by Article 58.001, Code of Criminal Procedure, a copy of a | ||
pseudonym form completed and returned under Article 58.152(a) of | ||
that code; or | ||
(5) evidence showing that the person whose eviction is | ||
sought has been convicted of either: | ||
(A) a violent offense, including: | ||
(i) aggravated assault under Section 22.02, | ||
Penal Code; | ||
(ii) robbery under Section 29.02, Penal | ||
Code; | ||
(iii) murder under Section 19.02, Penal | ||
Code; or | ||
(iv) an attempt to commit any of the | ||
preceding offenses under Section 15.01, Penal Code; or | ||
(B) a sex offense, including: | ||
(i) sexual assault under Section 22.011, | ||
Penal Code; | ||
(ii) aggravated sexual assault under | ||
Section 22.021, Penal Code; | ||
(iii) indecency with a child under Section | ||
21.11, Penal Code; | ||
(iv) sexual performance by a child under | ||
Section 43.25, Penal Code; | ||
(v) continuous sexual abuse of a young | ||
child or disabled individual under Section 21.02, Penal Code; or | ||
(vi) an attempt to commit any of the | ||
preceding offenses under Section 15.01, Penal Code. | ||
(d) A court shall expedite a hearing on a suit filed under | ||
this section. | ||
SECTION 2. This Act takes effect September 1, 2023. |