Texas 2015 - 84th Regular

Texas House Bill HB1853 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Button, Burkett, Koop H.B. No. 1853
2		-	(Senate Sponsor - Huffines)
3		-	(In the Senate - Received from the House April 20, 2015;
4		-	April 23, 2015, read first time and referred to Committee on
5		-	Business and Commerce; May 15, 2015, reported favorably by the
6		-	following vote: Yeas 8, Nays 0; May 15, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 1853
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the removal of a tenant's personal property after a writ
13	6		of possession has been issued in an eviction suit.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Section 24.0061, Property Code, is amended by
16	9		amending Subsection (d) and adding Subsection (d-1) to read as
17	10		follows:
18	11		(d) The writ of possession shall order the officer executing
19	12		the writ to:
20	13		(1) post a written warning of at least 8-1/2 by 11
21	14		inches on the exterior of the front door of the rental unit
22	15		notifying the tenant that the writ has been issued and that the writ
23	16		will be executed on or after a specific date and time stated in the
24	17		warning not sooner than 24 hours after the warning is posted; and
25	18		(2) when the writ is executed:
26	19		(A) deliver possession of the premises to the
27	20		landlord;
28	21		(B) instruct the tenant and all persons claiming
29	22		under the tenant to leave the premises immediately, and, if the
30	23		persons fail to comply, physically remove them;
31	24		(C) instruct the tenant to remove or to allow the
32	25		landlord, the landlord's representatives, or other persons acting
33	26		under the officer's supervision to remove all personal property
34	27		from the rental unit other than personal property claimed to be
35	28		owned by the landlord; and
36	29		(D) place, or have an authorized person place,
37	30		the removed personal property outside the rental unit at a nearby
38	31		location, but not blocking a public sidewalk, passageway, or street
39	32		and not while it is raining, sleeting, or snowing, except as
40	33		provided by Subsection (d-1).
41	34		(d-1) A municipality may provide, without charge to the
42	35		landlord or to the owner of personal property removed from a rental
43	36		unit under Subsection (d), a portable, closed container into which
44	37		the removed personal property shall be placed by the officer
45	38		executing the writ or by the authorized person. The municipality
46	39		may remove the container from the location near the rental unit and
47	40		dispose of the contents by any lawful means if the owner of the
48	41		removed personal property does not recover the property from the
49	42		container within a reasonable time after the time the property is
50	43		placed in the container.
51	44		SECTION 2. This Act takes effect September 1, 2015.
52		-	* * * * *
	45	+	______________________________ ______________________________
	46	+	President of the Senate Speaker of the House
	47	+	I certify that H.B. No. 1853 was passed by the House on April
	48	+	17, 2015, by the following vote: Yeas 141, Nays 0, 3 present, not
	49	+	voting.
	50	+	______________________________
	51	+	Chief Clerk of the House
	52	+	I certify that H.B. No. 1853 was passed by the Senate on May
	53	+	23, 2015, by the following vote: Yeas 31, Nays 0.
	54	+	______________________________
	55	+	Secretary of the Senate
	56	+	APPROVED: _____________________
	57	+	Date
	58	+	_____________________
	59	+	Governor