| 1 | 1 | | 89R1210 DRS-D |
|---|
| 2 | 2 | | By: Kolkhorst S.B. No. 1904 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to procedures for residential eviction suits. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 24.0051, Property Code, is amended by |
|---|
| 12 | 12 | | adding Subsection (e) to read as follows: |
|---|
| 13 | 13 | | (e) The court shall set a trial date for a residential |
|---|
| 14 | 14 | | eviction suit that is not earlier than the 10th day and not later |
|---|
| 15 | 15 | | than the 21st day after the date the suit is filed. |
|---|
| 16 | 16 | | SECTION 2. Section 24.0061, Property Code, is amended by |
|---|
| 17 | 17 | | amending Subsection (b) and adding Subsections (b-1) and (j) to |
|---|
| 18 | 18 | | read as follows: |
|---|
| 19 | 19 | | (b) Except as provided by Subsection (b-1), a [A] writ of |
|---|
| 20 | 20 | | possession may not be issued before the sixth day after the date on |
|---|
| 21 | 21 | | which the judgment for possession is rendered unless a possession |
|---|
| 22 | 22 | | bond has been filed and approved under the Texas Rules of Civil |
|---|
| 23 | 23 | | Procedure and judgment for possession is thereafter granted by |
|---|
| 24 | 24 | | default. |
|---|
| 25 | 25 | | (b-1) If judgment for possession in a residential eviction |
|---|
| 26 | 26 | | suit is granted by default, the court shall issue a writ of |
|---|
| 27 | 27 | | possession immediately upon demand and payment of any required |
|---|
| 28 | 28 | | fees, without regard to whether a possession bond has been filed and |
|---|
| 29 | 29 | | approved or whether a defendant has perfected an appeal in the case. |
|---|
| 30 | 30 | | (j) A sheriff or constable shall execute a writ of |
|---|
| 31 | 31 | | possession under Subsection (b-1) not later than the 10th business |
|---|
| 32 | 32 | | day after the date the court issues the writ. For purposes of this |
|---|
| 33 | 33 | | section, "business day" means a day other than Saturday, Sunday, or |
|---|
| 34 | 34 | | a state or federal holiday. |
|---|
| 35 | 35 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 36 | 36 | | an eviction suit in which the notice to vacate is given on or after |
|---|
| 37 | 37 | | the effective date of this Act. An eviction suit in which the |
|---|
| 38 | 38 | | notice to vacate is given before the effective date of this Act is |
|---|
| 39 | 39 | | governed by the law as it existed immediately before the effective |
|---|
| 40 | 40 | | date of this Act, and that law is continued in effect for that |
|---|
| 41 | 41 | | purpose. |
|---|
| 42 | 42 | | SECTION 4. As soon as practicable after the effective date |
|---|
| 43 | 43 | | of this Act, the Texas Supreme Court shall adopt rules necessary to |
|---|
| 44 | 44 | | implement the changes in law made by this Act. |
|---|
| 45 | 45 | | SECTION 5. This Act takes effect September 1, 2025. |
|---|