By Hinojosa H.B. No. 1978
75R6572 PAM-F
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. Chapter 24, Property Code, is amended by adding
1-5 Sections 24.0051 and 24.0052 to read as follows:
1-6 Sec. 24.0051. RESIDENTIAL TENANT'S RIGHT TO CURE DEFAULT
1-7 BEFORE EVICTION SUIT FILED. (a) Except as provided by Subsection
1-8 (e), a residential tenant who defaults under a written or oral
1-9 lease may avoid termination of the lease by complying with the
1-10 lease terms not later than the third day after the date the notice
1-11 of default required by this section is delivered.
1-12 (b) A landlord who intends to terminate the lease of a
1-13 tenant in default must notify the tenant in writing. Delivery of
1-14 the notice is sufficient if it is:
1-15 (1) delivered by regular mail or by registered or
1-16 certified mail, return receipt requested;
1-17 (2) delivered in person to the tenant or to any person
1-18 residing at the premises who is at least 16 years of age; or
1-19 (3) affixed to the inside of the main entry door to
1-20 the premises.
1-21 (c) The notice must:
1-22 (1) state that the tenant is in default under the
1-23 lease;
1-24 (2) inform the tenant of the tenant's right to cure
2-1 the default; and
2-2 (3) specify the nature of the default, the action
2-3 required to cure the default, and the period available to cure the
2-4 default.
2-5 (d) If the tenant cures the default as required by the
2-6 notice, the landlord may not:
2-7 (1) terminate the lease;
2-8 (2) terminate the tenant's right to possession of the
2-9 premises;
2-10 (3) give the tenant notice to vacate; or
2-11 (4) file a forcible detainer suit based on the default
2-12 cured by the tenant.
2-13 (e) Unless the lease provides otherwise, a tenant does not
2-14 have a right to cure a default that resulted from violent criminal
2-15 activity or an illegal drug related activity.
2-16 Sec. 24.0052. RESIDENTIAL TENANT'S RIGHT TO CURE DEFAULT
2-17 AFTER EVICTION SUIT FILED. (a) If a landlord prevails in a
2-18 forcible detainer suit against a residential tenant and the court
2-19 enters a judgment awarding the landlord possession of the premises
2-20 based solely on nonpayment or late payment of rent, the court,
2-21 before issuing a writ of possession, shall:
2-22 (1) determine the payment amount required to cure the
2-23 default;
2-24 (2) enter the payment amount on the court docket; and
2-25 (3) notify the tenant at the hearing or, in the event
2-26 of a default judgment, by postcard notice, of:
2-27 (A) the tenant's right to cure the default;
3-1 (B) the payment amount required to cure the
3-2 default; and
3-3 (C) the period available to cure the default.
3-4 (b) The tenant may cure the default on or before the fifth
3-5 day after the date the judgment of the court is signed by
3-6 depositing the payment amount in the registry of the court. If the
3-7 court is closed on the last day available for the tenant to cure
3-8 the default, the period to cure is extended to the next day the
3-9 court is open for business.
3-10 (c) If a tenant complies with Subsection (b), the court:
3-11 (1) shall release the judgment, reinstate the tenant
3-12 under the lease, and transfer the deposited funds to the landlord;
3-13 and
3-14 (2) may not issue a writ of possession in favor of the
3-15 landlord.
3-16 (d) The payment amount necessary to cure the default is the
3-17 sum of:
3-18 (1) the delinquent rent, excluding any amount
3-19 accelerated because of the default;
3-20 (2) reasonable late fees owed to the landlord; and
3-21 (3) any court costs assessed against the tenant by the
3-22 court.
3-23 SECTION 2. Section 24.0061, Property Code, is amended to
3-24 read as follows:
3-25 Sec. 24.0061. WRIT OF POSSESSION. (a) A landlord who
3-26 prevails in a forcible entry and detainer or a forcible detainer
3-27 action is entitled to a judgment for possession of the premises and
4-1 a writ of possession. In this chapter, "premises" means the unit
4-2 that is occupied or rented and any outside area or facility that
4-3 the tenant is entitled to use under a written lease or oral rental
4-4 agreement, or that is held out for the use of tenants generally.
4-5 (b) A writ of possession may not be issued before the sixth
4-6 day after the date on which the judgment for possession is rendered
4-7 unless a possession bond has been filed and approved under the
4-8 Texas Rules of Civil Procedure and judgment for possession is
4-9 thereafter granted by default.
4-10 (c) The court shall notify a tenant in writing of a default
4-11 judgment for possession by sending a copy of the judgment to the
4-12 premises by first class mail not later than 24 hours after the
4-13 entry of the judgment.
4-14 (d) The writ of possession shall order the officer executing
4-15 the writ to [deliver possession of the premises to the landlord and
4-16 to]:
4-17 (1) post a written notice printed on brightly colored
4-18 poster board of at least 8-1/2 by 11 inches on the exterior of the
4-19 front door of the rental unit notifying the tenant that the writ
4-20 has been issued and that the writ will be executed on or after a
4-21 specific date and hour stated in the warning, but not sooner than
4-22 24 hours after the warning is posted; and
4-23 (2) when the writ is executed:
4-24 (A) deliver possession of the premises to the
4-25 landlord;
4-26 (B) [(1)] instruct the tenant and all persons
4-27 claiming under the tenant to leave the premises immediately, and,
5-1 if the persons fail to comply, physically remove them;
5-2 (C) [(2)] instruct the tenant to remove or to
5-3 allow the landlord, the landlord's representatives, or other
5-4 persons acting under the officer's supervision to remove all
5-5 personal property from the rental unit other than personal property
5-6 claimed to be owned by the landlord; and
5-7 (D) [(3)] place, or have an authorized person
5-8 place, the removed personal property outside the rental unit at a
5-9 nearby location, but not blocking a public sidewalk, passageway, or
5-10 street and not while it is raining, sleeting, or snowing.
5-11 (e) [(d)] The writ of possession shall authorize the
5-12 officer, at the officer's discretion, to[:]
5-13 [(1) post a written warning on the exterior of the
5-14 front door of the rental unit, notifying the tenant that the writ
5-15 has been issued and that it will be executed on or after a specific
5-16 date and time stated in the warning; and]
5-17 [(2)] engage the services of a bonded or insured
5-18 warehouseman to remove and store, subject to applicable law, part
5-19 or all of the property at no cost to the landlord or the officer
5-20 executing the writ.
5-21 (f) [(e)] The officer may not require the landlord to store
5-22 the property.
5-23 (g) [(f)] The writ of possession shall contain notice to the
5-24 officer that under Section 7.003, Civil Practice and Remedies Code,
5-25 the officer is not liable for damages resulting from the execution
5-26 of the writ if the officer executes the writ in good faith and with
5-27 reasonable diligence.
6-1 (h) [(g)] An officer may, if necessary, use reasonable force
6-2 in executing a writ under this section.
6-3 SECTION 3. (a) This Act takes effect September 1, 1997.
6-4 (b) The change in law made by Section 1 of this Act applies
6-5 only to a tenant who defaults on or after the effective date of
6-6 this Act.
6-7 (c) The change in law made by Section 2 of this Act applies
6-8 only to a judgment for possession that is rendered on or after the
6-9 effective date of this Act. A judgment for possession that was
6-10 rendered before the effective date of this Act is governed by the
6-11 law in effect when the judgment was rendered, and the former law is
6-12 continued in effect for that purpose.
6-13 SECTION 4. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended.