Skip to main content

Tex. Prop. Code § 24.0061

Citation
Tex. Prop. Code § 24.0061
Jurisdiction
Texas (state)
Source
Official source

Related Parts of This Source

Full Text

1,794 chars
Sec. 24.0061. WRIT OF POSSESSION. (a) A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession. In this chapter, "premises" means:
(1) a unit that is occupied or rented; and
(2) any outside area or facility:
(A) that a tenant is entitled to use under a written lease or oral rental agreement;
(B) that is held out for the use of tenants generally; and
(C) that is occupied by or in the possession of the person against whom the eviction suit is filed.
(b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure.
(b-1) The issuance of a writ of possession is a ministerial act not subject to review or delay. A sheriff or constable, including a deputy sheriff or deputy constable, shall serve the writ of possession not later than the fifth business day after the date the writ is issued. If the writ of possession is not served on or before the fifth business day after the date the writ is issued, the landlord may, but is not obligated to, have the writ served by any other law enforcement officer, including an off-duty officer with appropriate identification, who has received training as described by Section 24.0051(f).
(c) The court shall notify a tenant in writing of a default judgment for possession or a judgment for possession under Section 24.005106 by sending a copy of the judgment to the premises by first class mail not later than 48 hours after the entry of the judgment.
(d) The writ of possession shall order the officer executing the writ to:
(1) post a written warning of at least 8-1/2 by 11 inches on the exterior of the front door of the