HB4554 - Relating to procedures for residential eviction suits.

  89R1210 DRS-D     By: Slawson H.B. No. 4554       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.