GEC H.B. 2290 75(R) BILL ANALYSIS BUSINESS & INDUSTRY H.B. 2290 By: Naishtat 4-17-97 Committee Report (Unamended) BACKGROUND There is inconsistency statewide in interpretation of Section 92 of the Property Code, concerning a sheriff's or constable's authority to use reasonable force to enact a writ of reentry. In 1989, the 71st Legislature added Section 92.009(d) to the Property Code to give a tenant immediate remedy when a landlord violates Sec. 92.008 in an "unlawful lockout" as determined in court. If the court reasonably believes that the lockout occurred illegally, the law currently allows a sheriff or constable to serve the writ of reentry "in the same manner as a writ of possession in a forcible detainer action." A writ of possession allows reasonable force. The conflict occurs due to Sec.92.009(i), where contempt procedures are outlined for landlords who continue to act illegally after the writ of reentry is issued. Some judges have interpreted this to mean the tenant must take the landlord back to court for contempt instead of allowing for reasonable force, such as the breaking of a window, to enforce the court order. The delay can keep a tenant out of the property illegally for weeks. PURPOSE This bill simply clarifies that a sheriff or constable may use reasonable force to enact the court ordered writ of reentry. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS Section 1. In a technical change, amends section 24.0061(g), Property Code, to clarify the definition of "officer" as a sheriff or constable to make this section consistent with the Rules of Civil Procedure concerning who may execute a writ of possession. Section 2. Amends section 92.009(d), Property Code, to include the clarification: "A sheriff or constable may use reasonable force in executing a writ of reentry under this section." Section 3. Emergency clause.