Texas 2015 - 84th Regular

Texas Senate Bill SB1344

Filed
 
Out of Senate Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the removal of a tenant's personal property after a writ of possession has been issued in an eviction suit.

Impact

The enactment of SB1344 would result in significant changes to state eviction law. By formalizing the process for removing personal property after an eviction, it aims to prevent potential disputes between tenants and landlords regarding property left behind. Municipalities would also have the option to assist landlords by offering secure storage solutions for removed belongings, which could lead to more orderly evictions while simultaneously providing some protection for tenant possessions. The timeline and method of notifying tenants also emphasize the need for proper communication throughout the eviction process.

Summary

SB1344 seeks to amend the Texas Property Code regarding the removal of a tenant's personal property following an eviction ruling. This legislation specifically addresses the process that must be followed after a writ of possession is issued in an eviction suit, establishing clearer protocols for landlords and law enforcement officers in the eviction process. The bill stipulates that a written warning must be posted on the rental property notifying the tenant about the writ of possession, which allows for their removal after a specified notice period. Furthermore, it introduces provisions whereby municipalities can provide a container for the tenant's belongings, ensuring that the property is securely stored during evictions.

Sentiment

Overall, sentiments surrounding SB1344 reflect a mixed response from legislators and advocacy groups. Proponents argue that the bill provides necessary structure to a historically chaotic process regarding evictions, thereby protecting both landlords' property rights and tenants' belongings. Conversely, critics raise concerns about the potential for further injustices against vulnerable tenants, emphasizing that increased landlord power may marginalize tenant protections already present in existing statutes. The discussion points to broader issues surrounding housing security and tenant rights in Texas.

Contention

Notably contentious aspects of SB1344 center on the balance between landlord rights and tenant protections. While the inclusion of municipal support for property storage is seen as a positive development, opponents express worries that the ease with which landlords can now remove belongings may lead to abuses. The expectation for municipalities to provide containers raises questions of feasibility and fairness, particularly if tenants face challenges recovering their items after eviction. This debate reflects ongoing tensions in Texas law regarding housing stability and the protection of vulnerable populations.

Companion Bills

TX HB1853

Identical Relating to the removal of a tenant's personal property after a writ of possession has been issued in an eviction suit.

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