As happens in every odd year, the Texas Legislature conducted its legislative session in 2015. This session (the 84th) resulted in a few new laws that directly impact evictions and eviction appeals in Texas. The following are summaries of the House Bills that directly impact eviction suits.
HB 1853: Effective 9/1/15 -- H.B. 1853 amends current law relating to the removal of a tenant's personal property after a writ
of possession has been issued in an eviction suit. Specifically, Section 24.0061, Property Code, is amended by adding a new Subsection (d-1), which authorizes a municipality to provide, without charge to the landlord or to the owner
of personal property removed from a rental unit under a writ of possession, a portable, closed
container into which the removed personal property shall be placed by the officer
executing the writ or by the authorized person. The municipality is further authorized to remove the
container from the location near the rental unit and dispose of the contents by any lawful
means if the owner of the removed personal property does not recover the property from
the container within a reasonable time.
HB 1334: Effective 1/1/2016 -- This new law amends Chapter 24 of the Texas Property Code and seeks to provide a process for ensuring the validity and financial integrity of appeal bonds filed in eviction cases, and to challenge the sufficiency of the bond posted by a tenant who appeals an eviction Judgment.
HB 3364: Effective 1/1/2016 -- This Bill is aimed at the problematic wait that current law allows commercial tenants to
remain in the property after final judgment of eviction has been issued. H.B. 3364 seeks to clarify that a final judgment of a county court in an eviction suit may not be
appealed on the issue of possession unless the premises are for residential purposes only.
