| 2 | | - | (In the Senate - Filed March 11, 2015; March 18, 2015, read |
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| 3 | | - | first time and referred to Committee on Business and Commerce; |
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| 4 | | - | April 9, 2015, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 9, Nays 0; April 9, 2015, |
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| 6 | | - | sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1344 By: Huffines |
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| 9 | 2 | | |
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| 10 | 3 | | |
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| 11 | 4 | | A BILL TO BE ENTITLED |
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| 12 | 5 | | AN ACT |
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| 13 | 6 | | relating to the removal of a tenant's personal property after a writ |
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| 14 | 7 | | of possession has been issued in an eviction suit. |
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| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 9 | | SECTION 1. Section 24.0061, Property Code, is amended by |
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| 17 | 10 | | amending Subsection (d) and adding Subsection (d-1) to read as |
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| 18 | 11 | | follows: |
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| 19 | 12 | | (d) The writ of possession shall order the officer executing |
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| 20 | 13 | | the writ to: |
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| 21 | 14 | | (1) post a written warning of at least 8-1/2 by 11 |
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| 22 | 15 | | inches on the exterior of the front door of the rental unit |
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| 23 | 16 | | notifying the tenant that the writ has been issued and that the writ |
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| 24 | 17 | | will be executed on or after a specific date and time stated in the |
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| 25 | 18 | | warning not sooner than 24 hours after the warning is posted; and |
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| 26 | 19 | | (2) when the writ is executed: |
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| 27 | 20 | | (A) deliver possession of the premises to the |
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| 28 | 21 | | landlord; |
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| 29 | 22 | | (B) instruct the tenant and all persons claiming |
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| 30 | 23 | | under the tenant to leave the premises immediately, and, if the |
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| 31 | 24 | | persons fail to comply, physically remove them; |
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| 32 | 25 | | (C) instruct the tenant to remove or to allow the |
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| 33 | 26 | | landlord, the landlord's representatives, or other persons acting |
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| 34 | 27 | | under the officer's supervision to remove all personal property |
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| 35 | 28 | | from the rental unit other than personal property claimed to be |
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| 36 | 29 | | owned by the landlord; and |
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| 37 | 30 | | (D) place, or have an authorized person place, |
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| 38 | 31 | | the removed personal property outside the rental unit at a nearby |
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| 39 | 32 | | location, but not blocking a public sidewalk, passageway, or street |
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| 40 | 33 | | and not while it is raining, sleeting, or snowing, except as |
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| 41 | 34 | | provided by Subsection (d-1). |
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| 42 | 35 | | (d-1) A municipality may provide, without charge to the |
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| 43 | 36 | | landlord or to the owner of personal property removed from a rental |
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| 44 | 37 | | unit under Subsection (d), a portable, closed container into which |
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| 45 | 38 | | the removed personal property shall be placed by the officer |
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| 46 | 39 | | executing the writ or by the authorized person. The municipality |
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| 47 | 40 | | may remove the container from the location near the rental unit and |
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| 48 | 41 | | dispose of the contents by any lawful means if the owner of the |
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| 49 | 42 | | removed personal property does not recover the property from the |
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| 50 | 43 | | container within a reasonable time after the time the property is |
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| 51 | 44 | | placed in the container. |
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| 52 | 45 | | SECTION 2. This Act takes effect September 1, 2015. |
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