89R1210 DRS-D
By: Slawson H.B. No. 4554
A BILL TO BE ENTITLED
AN ACT
relating to procedures for residential eviction suits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.0051, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) The court shall set a trial date for a residential
eviction suit that is not earlier than the 10th day and not later
than the 21st day after the date the suit is filed.
SECTION 2. Section 24.0061, Property Code, is amended by
amending Subsection (b) and adding Subsections (b-1) and (j) to
read as follows:
(b) Except as provided by Subsection (b-1), a [A] writ of
possession may not be issued before the sixth day after the date on
which the judgment for possession is rendered unless a possession
bond has been filed and approved under the Texas Rules of Civil
Procedure and judgment for possession is thereafter granted by
default.
(b-1) If judgment for possession in a residential eviction
suit is granted by default, the court shall issue a writ of
possession immediately upon demand and payment of any required
fees, without regard to whether a possession bond has been filed and
approved or whether a defendant has perfected an appeal in the case.
(j) A sheriff or constable shall execute a writ of
possession under Subsection (b-1) not later than the 10th business
day after the date the court issues the writ. For purposes of this
section, "business day" means a day other than Saturday, Sunday, or
a state or federal holiday.
SECTION 3. The changes in law made by this Act apply only to
an eviction suit in which the notice to vacate is given on or after
the effective date of this Act. An eviction suit in which the
notice to vacate is given before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Supreme Court shall adopt rules necessary to
implement the changes in law made by this Act.
SECTION 5. This Act takes effect September 1, 2025.