Texas § PR.24.0052 - TENANT APPEAL ON STATEMENT OF INABILITY TO AFFORD PAYMENT OF COURT COSTS

§ PR.24.0052. TENANT APPEAL ON STATEMENT OF INABILITY TO AFFORD PAYMENT OF COURT COSTS

TENANT APPEAL ON STATEMENT OF INABILITY TO AFFORD PAYMENT OF COURT COSTS. (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 statement of inability to afford payment of court costs 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 statement 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 a 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 statement described by Subsection (a) is filed by the tenant. (d) A landlord may contest a statement filed under this section on or before the fifth day after the date the statement is filed. If the landlord contests the statement, 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 a statement filed by a tenant under this section, the tenant is not required to pay the county court filing fee or file an additional statement in the county court under Subsection (a). Added by Acts 2005, 79th Leg., Ch. 1185 (H.B. 62 ), Sec. 1, eff. September 1, 2005. Amended by: Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38 ), Sec. 10, eff. January 1, 2026.