Bill

SB 1344

84(R) - 2015
Senate Business & Commerce
Senate Business & Commerce
Business, Industry, & Commerce
Property Rights

Companion Bill

HB 1853

Vote Recommendation

Yes
  • Neutral
  • Positive
  • Positive
  • Neutral
  • Neutral

Author(s)

Don Huffines

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

No fiscal implication to the State is anticipated.

Bill Analysis

SB 1344 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 the 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

SB 1344 would allow municipalities to provide temporary storage for the personal property of evicted persons. This brief period would give the evicted person time to find a proper place to store their belongings without having them stolen or thrown out in 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 SB 1344. 

Earlier this session we supported the House companion bill, HB 1853.

Organizations Supporting

Texas Apartment Association