Bill Status of HB0200 96th General Assembly
Short Description: CIV PRO-EVICT-SHERIFF PROP STR
Rep. Luis Arroyo
| 1/11/2011||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that in forcible entry or mortgage foreclosure evictions, personal property, which the sheriff deems has commercial value, which was not removed by the defendant from the premises shall be stored by the sheriff at a private storage facility for 30 days, with notice to the defendant personally served or sent by certified mail stating the name, address, and telephone number of the facility; description of the property; and a statement that unless the storage fee is paid within 30 days, the property will be sold or otherwise disposed of. Provides that a sale shall take place not sooner than 30 days after the notice and after a published advertisement that includes: a description of the property; the storage facility address; and the time, place, and manner of the sale or other disposition. Provides that the sale or other disposition shall take place not sooner than 3 days after the advertisement is published. Provides that any sale or other disposition of the property shall be held at the facility or nearest suitable place. Provides that before any sale or other disposition, the defendant may pay the amount necessary to satisfy the storage charges and redeem the personal property. Provides that upon the defendant's payment, the facility shall return the property, and thereafter the facility shall have no liability as to that property. Provides that a good faith purchaser of the property takes it free of any defendant's rights, despite any noncompliance with the Act. Makes other changes.