The bill amends the Texas Property Code to establish new procedures for residential eviction suits. It introduces a requirement that courts set trial dates for these suits between the 10th and 21st day after the suit is filed. Additionally, it modifies the issuance of writs of possession, stating that a writ may not be issued before the sixth day after a judgment for possession is rendered, unless a possession bond has been filed and approved. However, if a judgment for possession is granted by default, the court is required to issue a writ of possession immediately upon demand and payment of any required fees, regardless of whether a possession bond has been filed.
Furthermore, the bill mandates that a sheriff or constable execute a writ of possession issued under the new default judgment provision within 10 business days. The bill specifies that "business day" excludes weekends and holidays. The changes will only apply to eviction suits where the notice to vacate is given on or after the effective date of the Act, which is set for September 1, 2025. The Texas Supreme Court is tasked with adopting necessary rules to implement these changes shortly after the effective date.
Statutes affected: Introduced: Property Code 24.0051, Property Code 24.0061 (Property Code 24)