HAA Blog

The Texas Apartment Association is working to defend the ability of apartment owners and managers to fairly proceed with evictions in Justice of the Peace Court. 
 

Link to more information from TAA.
 

The Texas Supreme Court Advisory Committee (SCAC) met on June 22 and 23 to begin consideration of proposed changes to rules governing the eviction process, as well as other procedural rules governing how justice of the peace courts operate.

At the meeting, the committee, which is made up of 55 members appointed by the Texas Supreme Court to advise the court on rules, began the process of thoroughly scrutinizing proposed changes developed by a task force earlier this year.

TAA, along with the Texas Association of Realtors, the Texas Building Owners and Managers Association, several justices of the peace and others, raised strong concerns about the scope of the proposed changes and potential problems, including the possibility that the process could be delayed. TAA conservatively estimated that if the task force proposals are adopted as initially proposed, it could cost the industry more than $20 million a year in lost rent and additional court costs.

Fortunately, the SCAC and the members of the original task force who drafted the rule changes appear open to making modifications to the proposal. It is TAA’s position that the current eviction process works smoothly overall, and there isn’t a need for wholesale changes. If there are areas of the rules that need to be tweaked, any adjustments should ensure that the process remains quick and efficient so that a rental property owner who has not received rent owed can recover possession of a unit as quickly as possible.

San Antonio Apartment Association Legal Counsel David Fristche spoke before the SCAC on TAA’s behalf. Houston Apartment Association Legal Counsel Howard Bookstaff also attended the meetings with TAA staff.

The proposed rules revision is a result of legislation passed in 2011 that eliminated small claims courts and incorporated this function into justice of the peace courts. Some additional rule changes are necessary because of changes to the law made by HB 1111, the legislation TAA successfully sought aimed at limiting abuses of pauper’s affidavit appeals.

TAA was not given the opportunity to have an active role in the task force process but has been working on this issue for several months. Among other steps, TAA retained special legal counsel to assist in fighting the proposed rules and also communicated with members of the Texas Supreme Court and the Advisory Committee in advance of the June 23-24 meeting. A copy of TAA’s letter to the Supreme Court Advisory Committee, Justice Court Rules of Procedure Side-By-Side comparison chart and Statutes Referenced in TAA’s Letter to the Supreme Court Advisory Committee are all available for review.

The SCAC will continue consideration of the rules at its next meeting on August 23-26. After the SCAC takes action, the proposed rules will go to the Supreme Court. The rules will be published for the public 10 weeks before the Court takes final action on the rules, which is expected to take place by the end of the year. It is expected that whatever changes to the rules are finally adopted will take effect May 2013.

 

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