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.