Kolkhorst’s bill speeding up residential evictions

The text as introduced · 383 words

89R1210 DRS-D

By: Kolkhorst
S.B. No. 1904

A BILL TO BE ENTITLED

AN ACT

relating to procedures for residential eviction suits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 24.0051, Property Code, is amended by

adding Subsection (e) to read as follows:

(e) The court shall set a trial date for a residential

eviction suit that is not earlier than the 10th day and not later

than the 21st day after the date the suit is filed.

SECTION 2. Section 24.0061, Property Code, is amended by

amending Subsection (b) and adding Subsections (b-1) and (j) to

read as follows:

(b) Except as provided by Subsection (b-1), a [ A ] writ of

possession may not be issued before the sixth day after the date on

which the judgment for possession is rendered unless a possession

bond has been filed and approved under the Texas Rules of Civil

Procedure and judgment for possession is thereafter granted by

default.

(b-1) If judgment for possession in a residential eviction

suit is granted by default, the court shall issue a writ of

possession immediately upon demand and payment of any required

fees, without regard to whether a possession bond has been filed and

approved or whether a defendant has perfected an appeal in the case.

(j) A sheriff or constable shall execute a writ of

possession under Subsection (b-1) not later than the 10th business

day after the date the court issues the writ. For purposes of this

section, "business day" means a day other than Saturday, Sunday, or

a state or federal holiday.

SECTION 3. The changes in law made by this Act apply only to

an eviction suit in which the notice to vacate is given on or after

the effective date of this Act. An eviction suit in which the

notice to vacate is given before the effective date of this Act is

governed by the law as it existed immediately before the effective

date of this Act, and that law is continued in effect for that

purpose.

SECTION 4. As soon as practicable after the effective date

of this Act, the Texas Supreme Court shall adopt rules necessary to

implement the changes in law made by this Act.

SECTION 5. This Act takes effect September 1, 2025.