HBA-MPM H.B. 2163 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2163 By: Pitts Business & Industry 3/20/2001 Introduced BACKGROUND AND PURPOSE Under current law, there is no provision specifying a time period when a justice court that has jurisdiction over an eviction suit is required to set a hearing date on the petition. If a landlord prevails in such a suit, the landlord is entitled possession of the premises, which will be obtained by executing a writ of possession. In addition, current law requires an officer executing a writ of possession to post a written warning on the front door of a rental property notifying the tenant that the writ will be executed on or after a specific date and time stated in the written warning that is not sooner than 24 hours after the warning is posted. However, current law does not specify a deadline for the writ to be executed in the warning. House Bill 2163 sets deadlines for the court and the officer. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2163 requires a justice court to set a date for hearing on a petition filed in an eviction suit no later than the seventh day after the filing date of the petition. The bill establishes a time limit in the written warning to a tenant regarding a writ of possession specifying that the writ will be executed on or after a specific date and time stated in the warning no later than 72 hours after the warning is posted. EFFECTIVE DATE September 1, 2001.