77R11079 AJA-D                           
         By Pitts                                              H.B. No. 2163
         Substitute the following for H.B. No. 2163:
         By Solomons                                       C.S.H.B. No. 2163
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to forcible entry and detainer and forcible detainer
 1-3     suits.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 24.004, Property Code, is amended to read
 1-6     as follows:
 1-7           Sec. 24.004.  JURISDICTION; TIME FOR HEARING.  (a)  A justice
 1-8     court in the precinct in which the real property is located has
 1-9     jurisdiction in eviction suits.  Eviction suits include forcible
1-10     entry and detainer and forcible detainer suits.
1-11           (b)  After citation is served in a suit described by
1-12     Subsection (a), the court shall set a date for a hearing on the
1-13     sworn complaint.  If reasonably possible, the court shall set the
1-14     date for the hearing on or after the sixth day and not later than
1-15     the 10th day after the date the citation is served.
1-16           (c)  The date for trial may be set in the citation or set
1-17     after the appearance date stated in the citation.  The court shall
1-18     reset the trial date if:
1-19                 (1)  a jury trial is requested;
1-20                 (2)  one of the parties serves a request for discovery;
1-21     or
1-22                 (3)  other good cause exists.
1-23           SECTION 2. Section 24.0061(d), Property Code, is amended to
1-24     read as follows:
 2-1           (d)  The writ of possession shall order the officer executing
 2-2     the writ to:
 2-3                 (1)  post a written warning of at least 8 1/2 by 11
 2-4     inches on the exterior of the front door of the rental unit
 2-5     notifying the tenant that the writ has been issued and that the
 2-6     writ will be executed as soon as reasonably possible on or after a
 2-7     specific date and time stated in the warning that is not sooner
 2-8     than 24 hours after the warning is posted; and
 2-9                 (2)  when the writ is executed:
2-10                       (A)  deliver possession of the premises to the
2-11     landlord;
2-12                       (B)  instruct the tenant and all persons claiming
2-13     under the tenant to leave the premises immediately, and, if the
2-14     persons fail to comply, physically remove them;
2-15                       (C)  instruct the tenant to remove or to allow
2-16     the landlord, the landlord's representatives, or other persons
2-17     acting under the officer's supervision to remove all personal
2-18     property from the rental unit other than personal property claimed
2-19     to be owned by the landlord; and
2-20                       (D)  place, or have an authorized person place,
2-21     the removed personal property outside the rental unit at a nearby
2-22     location, but not blocking a public sidewalk, passageway, or street
2-23     and not while it is raining, sleeting, or snowing.
2-24           SECTION 3. This Act takes effect September 1, 2001, and
2-25     applies only to a forcible entry and detainer or forcible detainer
2-26     suit filed on or after that date.  A suit filed before September 1,
2-27     2001, is governed by the law in effect immediately before that
 3-1     date, and that law is continued in effect for that purpose.