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.