75R11880 PAM-F
By Hinojosa H.B. No. 1978
Substitute the following for H.B. No. 1978:
By Elkins C.S.H.B. No. 1978
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures concerning an eviction action.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 24.004, Property Code, is amended to read
1-5 as follows:
1-6 Sec. 24.004. JURISDICTION. A justice court in the precinct
1-7 in which the real property is located has jurisdiction in eviction
1-8 suits. Eviction suits include forcible entry and detainer and
1-9 forcible detainer suits.
1-10 SECTION 2. Section 24.005, Property Code, is amended by
1-11 amending Subsection (f) and adding Subsection (i) to read as
1-12 follows:
1-13 (f) The notice to vacate shall be given in person or by mail
1-14 at the premises in question. Notice in person may be by personal
1-15 delivery to the tenant or any person residing at the premises who
1-16 is 16 years of age or older or personal delivery to the premises
1-17 and affixing the notice to the inside of the main entry door.
1-18 Notice by mail may be by regular mail, [or] by registered mail, or
1-19 by certified mail, return receipt requested, to the premises in
1-20 question.
1-21 (i) If before the notice to vacate is given as required by
1-22 this section the landlord has given a written notice or reminder to
1-23 the tenant that rent is due and unpaid, the landlord may include in
1-24 the notice to vacate required by this section a demand that the
2-1 tenant pay the delinquent rent or vacate the premises by the date
2-2 and time stated in the notice.
2-3 SECTION 3. Section 24.006(a), Property Code, is amended to
2-4 read as follows:
2-5 (a) Except as provided by Subsection (b), to be eligible to
2-6 recover attorney's fees in an eviction [a forcible entry and
2-7 detainer suit or a forcible detainer] suit, a landlord must give a
2-8 tenant who is unlawfully retaining possession of the landlord's
2-9 premises a written demand to vacate the premises. The demand must
2-10 state that if the tenant does not vacate the premises before the
2-11 11th day after the date of receipt of the notice and if the
2-12 landlord files suit, the landlord may recover attorney's fees. The
2-13 demand must be sent by registered mail or by certified mail, return
2-14 receipt requested, at least 10 days before the date the suit is
2-15 filed.
2-16 SECTION 4. Section 24.0061, Property Code, is amended to
2-17 read as follows:
2-18 Sec. 24.0061. WRIT OF POSSESSION. (a) A landlord who
2-19 prevails in an eviction suit [a forcible entry and detainer or a
2-20 forcible detainer action] is entitled to a judgment for possession
2-21 of the premises and a writ of possession. In this chapter,
2-22 "premises" means the unit that is occupied or rented and any
2-23 outside area or facility that the tenant is entitled to use under a
2-24 written lease or oral rental agreement, or that is held out for the
2-25 use of tenants generally.
2-26 (b) A writ of possession may not be issued before the sixth
2-27 day after the date on which the judgment for possession is rendered
3-1 unless a possession bond has been filed and approved under the
3-2 Texas Rules of Civil Procedure and judgment for possession is
3-3 thereafter granted by default.
3-4 (c) The court shall notify a tenant in writing of a default
3-5 judgment for possession by sending a copy of the judgment to the
3-6 premises by first class mail not later than 48 hours after the
3-7 entry of the judgment.
3-8 (d) The writ of possession shall order the officer executing
3-9 the writ to [deliver possession of the premises to the landlord and
3-10 to]:
3-11 (1) post a written warning of at least 8-1/2 by 11
3-12 inches on the exterior of the front door of the rental unit
3-13 notifying the tenant that the writ has been issued and that the
3-14 writ will be executed on or after a specific date and time stated
3-15 in the warning not sooner than 24 hours after the warning is
3-16 posted; and
3-17 (2) when the writ is executed:
3-18 (A) deliver possession of the premises to the
3-19 landlord;
3-20 (B) [(1)] instruct the tenant and all persons
3-21 claiming under the tenant to leave the premises immediately, and,
3-22 if the persons fail to comply, physically remove them;
3-23 (C) [(2)] instruct the tenant to remove or to
3-24 allow the landlord, the landlord's representatives, or other
3-25 persons acting under the officer's supervision to remove all
3-26 personal property from the rental unit other than personal property
3-27 claimed to be owned by the landlord; and
4-1 (D) [(3)] place, or have an authorized person
4-2 place, the removed personal property outside the rental unit at a
4-3 nearby location, but not blocking a public sidewalk, passageway, or
4-4 street and not while it is raining, sleeting, or snowing.
4-5 (e) [(d)] The writ of possession shall authorize the
4-6 officer, at the officer's discretion, to[:]
4-7 [(1) post a written warning on the exterior of the
4-8 front door of the rental unit, notifying the tenant that the writ
4-9 has been issued and that it will be executed on or after a specific
4-10 date and time stated in the warning; and]
4-11 [(2)] engage the services of a bonded or insured
4-12 warehouseman to remove and store, subject to applicable law, part
4-13 or all of the property at no cost to the landlord or the officer
4-14 executing the writ.
4-15 (f) [(e)] The officer may not require the landlord to store
4-16 the property.
4-17 (g) [(f)] The writ of possession shall contain notice to the
4-18 officer that under Section 7.003, Civil Practice and Remedies Code,
4-19 the officer is not liable for damages resulting from the execution
4-20 of the writ if the officer executes the writ in good faith and with
4-21 reasonable diligence.
4-22 (h) [(g)] An officer may, if necessary, use reasonable force
4-23 in executing a writ under this section.
4-24 SECTION 5. Section 24.007, Property Code, is amended to read
4-25 as follows:
4-26 Sec. 24.007. APPEAL. A final judgment of a county court in
4-27 an eviction [a forcible entry and detainer suit or a forcible
5-1 detainer] suit may not be appealed on the issue of possession
5-2 unless the premises in question are being used for residential
5-3 purposes only. A judgment of a county court may not under any
5-4 circumstances be stayed pending appeal unless, within 10 days of
5-5 the signing of the judgment, the appellant files a supersedeas bond
5-6 in an amount set by the county court. In setting the supersedeas
5-7 bond the county court shall provide protection for the appellee to
5-8 the same extent as in any other appeal, taking into consideration
5-9 the value of rents likely to accrue during appeal, damages which
5-10 may occur as a result of the stay during appeal, and other damages
5-11 or amounts as the court may deem appropriate.
5-12 SECTION 6. Section 24.008, Property Code, is amended to read
5-13 as follows:
5-14 Sec. 24.008. EFFECT ON OTHER ACTIONS. An eviction [A
5-15 forcible entry and detainer suit or a forcible detainer] suit does
5-16 not bar a suit for trespass, damages, waste, rent, or mesne
5-17 profits.
5-18 SECTION 7. Section 24.011, Property Code, is amended to read
5-19 as follows:
5-20 Sec. 24.011. NONLAWYER REPRESENTATION. In eviction
5-21 [forcible detainer] suits in justice court for nonpayment of rent
5-22 or holding over beyond a rental term, the parties may represent
5-23 themselves or be represented by their authorized agents, who need
5-24 not be attorneys. In any eviction [forcible detainer or forcible
5-25 entry and detainer] suit in justice court, an authorized agent
5-26 requesting or obtaining a default judgment need not be an attorney.
5-27 SECTION 8. This Act takes effect September 1, 1997.
6-1 SECTION 9. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.