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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for residential eviction suits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.0051, Property Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The court shall set a trial date for a residential |
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eviction suit that is not earlier than the 10th day and not later |
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than the 21st day after the date the suit is filed. |
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SECTION 2. Section 24.0061, Property Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (j) to |
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read as follows: |
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(b) Except as provided by Subsection (b-1), a [A] writ of |
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possession may not be issued before the sixth day after the date on |
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which the judgment for possession is rendered unless a possession |
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bond has been filed and approved under the Texas Rules of Civil |
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Procedure and judgment for possession is thereafter granted by |
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default. |
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(b-1) If judgment for possession in a residential eviction |
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suit is granted by default, the court shall issue a writ of |
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possession immediately upon demand and payment of any required |
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fees, without regard to whether a possession bond has been filed and |
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approved or whether a defendant has perfected an appeal in the case. |
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(j) A sheriff or constable shall execute a writ of |
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possession under Subsection (b-1) not later than the 10th business |
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day after the date the court issues the writ. For purposes of this |
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section, "business day" means a day other than Saturday, Sunday, or |
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a state or federal holiday. |
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SECTION 3. The changes in law made by this Act apply only to |
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an eviction suit in which the notice to vacate is given on or after |
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the effective date of this Act. An eviction suit in which the |
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notice to vacate is given before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Texas Supreme Court shall adopt rules necessary to |
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implement the changes in law made by this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |