Bill Text: TX HB1853 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the removal of a tenant's personal property after a writ of possession has been issued in an eviction suit.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2015-06-09 - Effective on 9/1/15 [HB1853 Detail]
Download: Texas-2015-HB1853-Enrolled.html
| H.B. No. 1853 | ||
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| relating to the removal of a tenant's personal property after a writ | ||
| of possession has been issued in an eviction suit. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 24.0061, Property Code, is amended by | ||
| amending Subsection (d) and adding Subsection (d-1) to read as | ||
| follows: | ||
| (d) The writ of possession shall order the officer executing | ||
| the writ to: | ||
| (1) post a written warning of at least 8-1/2 by 11 | ||
| inches on the exterior of the front door of the rental unit | ||
| notifying the tenant that the writ has been issued and that the writ | ||
| will be executed on or after a specific date and time stated in the | ||
| warning not sooner than 24 hours after the warning is posted; and | ||
| (2) when the writ is executed: | ||
| (A) deliver possession of the premises to the | ||
| landlord; | ||
| (B) instruct the tenant and all persons claiming | ||
| under the tenant to leave the premises immediately, and, if the | ||
| persons fail to comply, physically remove them; | ||
| (C) instruct the tenant to remove or to allow the | ||
| landlord, the landlord's representatives, or other persons acting | ||
| under the officer's supervision to remove all personal property | ||
| from the rental unit other than personal property claimed to be | ||
| owned by the landlord; and | ||
| (D) place, or have an authorized person place, | ||
| the removed personal property outside the rental unit at a nearby | ||
| location, but not blocking a public sidewalk, passageway, or street | ||
| and not while it is raining, sleeting, or snowing, except as | ||
| provided by Subsection (d-1). | ||
| (d-1) A municipality may provide, without charge to the | ||
| landlord or to the owner of personal property removed from a rental | ||
| unit under Subsection (d), a portable, closed container into which | ||
| the removed personal property shall be placed by the officer | ||
| executing the writ or by the authorized person. The municipality | ||
| may remove the container from the location near the rental unit and | ||
| dispose of the contents by any lawful means if the owner of the | ||
| removed personal property does not recover the property from the | ||
| container within a reasonable time after the time the property is | ||
| placed in the container. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1853 was passed by the House on April | ||
| 17, 2015, by the following vote: Yeas 141, Nays 0, 3 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1853 was passed by the Senate on May | ||
| 23, 2015, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
