HBA-MSH H.B. 2545 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2545 By: Naishtat Business & Industry 3/16/2001 Introduced BACKGROUND AND PURPOSE A writ of reentry entitles a tenant to immediate and temporary possession of the premises from which the tenant has been unlawfully locked out by the landlord, pending a final hearing on the tenant's sworn complaint for reentry. Current law authorizes a sheriff or constable to use reasonable force to execute a writ of reentry served on a landlord of a residential rental property. However, this provision is not extended to cover a writ of reentry for commercial rental property. House Bill 2545 authorizes a sheriff or constable to use reasonable force to execute a writ of reentry for a commercial rental property. 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 2545 amends the Property Code to authorize a sheriff or constable to use reasonable force in executing a writ of reentry to permit reentry of a commercial tenant into a commercial rental property after an unlawful lockout by a landlord. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.