HBA-ATS H.B. 1664 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1664
By: Naishtat
Business & Industry
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, the legislature enacted a law that authorizes a sheriff or
constable to use reasonable force in executing a writ of reentry served on
the landlord of a residential rental property.  A writ of reentry entitles
a tenant to immediate and temporary possession of the premises from which
the tenant has been locked out by the landlord, pending a final hearing on
the tenant's sworn complaint for reentry. H.B. 1664 authorizes a sheriff or
constable to use reasonable force in executing a writ of reentry served on
the landlord of 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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 93.003(d), Property Code, by adding a provision
that authorizes a sheriff or constable to use reasonable force in executing
a writ of reentry under this section.  

SECTION 2.Emergency clause.
  Effective date: upon passage.