HBA-MSH S.B. 591 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 591
By: Barrientos
Business & Industry
4/3/2001
Engrossed



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.  Senate Bill 591 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

Senate Bill 591 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.