On behalf of the members of your local association of REALTORS®, we commend you for seeking office and appreciate you taking time to complete this questionnaire.

The purpose of the questionnaire is to establish an issue-based dialog between you and your local REALTOR® partners, as well as our clients who buy and sell real estate in our community.

REALTORS® are committed to our communities, our clients, and the public. We work to ensure private property rights are protected, and that Texans can buy, sell, lease, and enjoy real property. To accomplish those goals, we monitor and advocate on a wide variety of local, state, and federal policy issues. The following questions seek to understand your position as a candidate and potential lawmaker on issues that will impact housing and real estate within your jurisdiction. 

Your responses to the questionnaire will not be made public, nor are they a litmus test for campaign support.

Your local association of REALTORS® appreciates your attention to this candidate questionnaire and is available to answer any questions. 

We also work in strong partnership with the Texas REALTORS®, our state-level professional association. You may contact the Texas REALTORS® Governmental Affairs Department at 512-480-8200.

Justice of the Peace Candidate Questionnaire

Candidate information

Issue: Technology

Background:The efficiency of justice courts around the state has been an ongoing concern to owners of rental properties and those involved in property management. Technology has played an important role in improving the efficiency of justice courts in many areas. The following two questions relate to utilizing technology to improve the efficiency of justice courts around the state.

When a property lies near different jurisdiction boundaries, plaintiffs often struggle in determining which justice of the peace court has jurisdiction to hear their case. As a result, plaintiffs may file in the wrong court, which is costly and burdensome.

Issue: Fairness

Justices are required to impartially fulfill their duties required by law. As such, justices should ensure fairness and objectivity for all involved in the legal system, whether plaintiffs or defendants. Justices are charged with making unbiased judgments in every case. The following question relates to the fairness in justice courts.

The Texas Property Code governs the relationship between landlords and tenants of rental properties. As a justice of the peace, you may preside over these types of cases. While parties sometimes have legal representation, a party may also represent themselves or, in certain cases, be represented by an authorized agent who is not an attorney. For instance, in an eviction case, a landlord may be represented by a property manager who is not an attorney.

Issue: Evictions

Justice courts have original jurisdiction of cases of forcible entry and detainer (eviction suits). As a justice, you may preside over these types of cases. Hence, it is important to gain a general understanding of the laws regarding evictions. The following two questions relate to your knowledge and experience in this area of law.

Issue: Appeals

Both parties have the right to appeal an eviction. If a tenant is unable to pay the costs of an appeal, the tenant may file a pauper’s affidavit. Occasionally, filing a pauper’s affidavit may be used as a delay mechanism allowing the tenant to continue residing in the property.

During the 82nd legislative session, amendments were made to the eviction-appeal process, which became effective January 1, 2012. The following question relates to your knowledge of these legislative changes.

Issue: Damages

A landlord may file a claim for breach of contract in justice court so long as the judgment amount sought is within the jurisdictional limit of the justice court. The following question relates to an award for damages.

In addition to unpaid rent, written leases may further allow a landlord to recover additional sums such as fees reasonably necessary to re-let the property, fees for repairs beyond normal wear and tear, and costs associated with legal proceedings brought under the lease.