Bill: HB 1853, 84(R) - 2015

Bill Caption

Relating to the removal of a tenant's personal property after a writ of possession has been issued in an eviction suit.

Fiscal Notes

There could be costs to a municipality that chose to store personal property under the provisions of the bill. However, it is assumed that a municipality would store personal property only if sufficient funds were available or it would not result in a negative fiscal impact; therefore, no significant fiscal impact is anticipated. 

Bill Analysis

HB 1853 would permit municipalities to provide temporary storage for removed property after a writ of possession has been issued in an eviction suit. The cost of storage would not be placed on the landowner or on owner of the personal property removed. 

The municipality would be allowed to remove the container from the location near the rental unit and dispose of the contents by any lawful means if the owner does not recover the property from the container within a reasonable time after the property is placed in the container.

This act would take effect on September 1, 2015.  

Vote Recommendation Notes

HB 1853 would allow municipalities to provide temporary storage for the personal property of evicted persons. This brief time period would give the evicted person time to find a proper place to store their belongings without having them stolen or thrown out into the street. HB 1853 still holds the evicted person responsible for collecting and moving their property through the timely manner clause, at which point the property may be disposed of. For the municipalities electing to adopt this bill, the containers used would be reusable by the municipality as to not increase local spending. 

Based on the protection of property rights and the promotion of personal responsibility, we support HB 1853. 

Source URL (retrieved on 04/23/2024 03:04 AM): http://reports.texasaction.com/bill/84r/hb1853?print_view=true