HBA-MPM C.S.H.B. 2163 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2163 By: Pitts Business & Industry 4/2/2001 Committee Report (Substituted) 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 to possession of the premises, which will be obtained by executing a writ of possession. However, current law does not specify a time frame during which a hearing on a sworn complaint in an eviction suit must be set. C.S.H.B. 2163 requires a justice court if reasonably possible to set a date for a hearing on an eviction suit within 6 to 10 days after a citation is served. 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 C.S.H.B. 2163 amends the Property Code to require a justice court to set a date for hearing on a sworn complaint in an eviction suit after the citation is served. If reasonably possible, the court is required to set the hearing for on or after the sixth day and no later than the 10th day after the citation is served. The bill provides that the trial date may be set in the citation or after the appearance date stated in the citation. The court is required to reset the trial date if a jury trial is requested, one of the parties to the suit serves a request for discovery, or other good cause exists. The bill provides that a written warning to a tenant specify that a writ of possession will be executed as soon as reasonably possible on or after a specific date and time stated in the warning that is no sooner than 24 hours after the warning is posted. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2163 modifies the original by specifying that a hearing on a sworn complaint in an eviction suit be set on or after the sixth day and no later than the 10th day after a citation is served and requiring the justice court to reset the trial date under certain circumstances. The original required the court to set a date for a hearing no later than the seventh day after the filing date of the petition and made no provisions for the court to reset a hearing. The substitute provides that information in a written warning to a tenant regarding a writ of possession specify 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 no sooner than 24 hours after the warning is posted. The original provided that the writ will be executed within 24 to 72 hours after the warning is posted.