78R1962 KCR-D

By:  Pitts                                                        H.B. No. 388



A BILL TO BE ENTITLED

AN ACT

relating to forcible entry and detainer and forcible detainer 
suits.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 24.004, Property Code, is amended to 
read as follows:    
	Sec. 24.004.  JURISDICTION; TIME FOR HEARING. (a)  A justice 
court in the precinct in which the real property is located has 
jurisdiction in eviction suits.  Eviction suits include forcible 
entry and detainer and forcible detainer suits.
	(b)  After citation is served in a suit described by 
Subsection (a), the court shall set a date for a hearing on the 
sworn complaint.  If reasonably possible, the court shall set the 
date for the hearing on or after the sixth day and not later than the 
10th day after the date the citation is served.
	(c)  The date for trial may be set in the citation or set 
after the appearance date stated in the citation.  The court shall 
reset the trial date if:
		(1)  a jury trial is requested;                                        
		(2)  one of the parties serves a request for discovery; 
or           
		(3)  other good cause exists.                                          
	SECTION 2.  Section 24.0061(d), Property Code, is amended 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 as soon as reasonably possible on or after a 
specific date and time stated in the warning that is 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.
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to a forcible entry and detainer or forcible detainer 
suit filed on or after that date.  A suit filed before September 1, 
2003, is governed by the law in effect immediately before that date, 
and that law is continued in effect for that purpose.