Tex. Tax Code Section 33.51
Writ of Possession


(a)

If the court orders the foreclosure of a tax lien and the sale of real property, the judgment shall provide for the issuance by the clerk of said court of a writ of possession to the purchaser at the sale or to the purchaser’s assigns no sooner than 20 days following the date on which the purchaser’s deed from the sheriff or constable is filed of record.

(b)

The officer charged with executing the writ shall place the purchaser or the purchaser’s assigns in possession of the property described in the purchaser’s deed without further order from any court and in the manner provided by the writ, subject to any notice to vacate that may be required to be given to a tenant under Section 24.005 (Notice to Vacate Prior to Filing Eviction Suit)(b), Property Code.

(c)

The writ of possession shall order the officer executing the writ to:

(1)

post a written warning that is at least 8-1/2 by 11 inches on the exterior of the front door of the premises notifying the occupant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning that is not sooner than the 10th day after the date the warning is posted; and

(2)

on execution of the writ:

(A)

deliver possession of the premises to the purchaser or the purchaser’s assigns;

(B)

instruct the occupants to immediately leave the premises and, if the occupants fail or refuse to comply, physically remove them from the premises;

(C)

instruct the occupants to remove, or to allow the purchaser or purchaser’s assigns, representatives, or other persons acting under the officer’s supervision to remove, all personal property from the premises; and

(D)

place, or have an authorized person place, the removed personal property outside the premises at a nearby location, but not so as to block a public sidewalk, passageway, or street and not while it is raining, sleeting, or snowing.

(d)

The writ of possession shall authorize the officer, at the officer’s discretion, to engage the services of a bonded or insured warehouseman to remove and store, subject to applicable law, all or part of the personal property at no cost to the purchaser, the purchaser’s assigns, or the officer executing the writ. The officer may not require the purchaser or the purchaser’s assigns to store the personal property.

(e)

The writ of possession shall contain notice to the officer that under Section 7.003 (Liability Regarding Execution of Writs), Civil Practice and Remedies Code, the officer is not liable for damages resulting from the execution of the writ if the officer executes the writ in good faith and with reasonable diligence.

(f)

The warehouseman’s lien on stored property, the officer’s duties, and the occupants’ rights of redemption as provided by Section 24.0062 (Warehouseman’s Lien), Property Code, are all applicable with respect to any personal property that is removed under Subsection (d).

(g)

A sheriff or constable may use reasonable force in executing a writ under this section.

(h)

If a taxing unit is a purchaser and is entitled to a writ of possession in the taxing unit’s name:

(1)

a bond may not be required of the taxing unit for issuance or delivery of a writ of possession; and

(2)

a fee or court cost may not be charged for issuance or delivery of a writ of possession.

(i)

In this section:

(1)

“Premises” means all of the property described in the purchaser’s deed, including the buildings, dwellings, or other structures located on the property.

(2)

“Purchaser” includes a taxing unit to which property is bid off under Section 34.01 (Sale of Property)(j).
Acts 1979, 66th Leg., p. 2296, ch. 841, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1997, 75th Leg., ch. 906, Sec. 7, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 914, Sec. 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1111, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1481, Sec. 42(1).
Amended by:
Acts 2005, 79th Leg., Ch. 1126 (H.B. 2491), Sec. 23, eff. September 1, 2005.

Source: Section 33.51 — Writ of Possession, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­33.­htm#33.­51 (accessed Mar. 23, 2024).

33.01
Penalties and Interest
33.02
Installment Payment of Delinquent Taxes
33.03
Delinquent Tax Roll
33.04
Notice of Delinquency
33.05
Limitation on Collection of Taxes
33.06
Deferred Collection of Taxes on Residence Homestead of Elderly or Disabled Person or Disabled Veteran
33.10
Restricted or Conditional Payments of Delinquent Taxes, Penalties, and Interest Prohibited
33.011
Waiver of Penalties and Interest
33.11
Early Additional Penalty for Collection Costs for Taxes Imposed on Personal Property
33.21
Property Subject to Seizure
33.22
Institution of Seizure
33.23
Tax Warrant
33.24
Bond for Payment of Taxes
33.25
Tax Sale: Notice
33.41
Suit to Collect Delinquent Tax
33.42
Taxes Included in Foreclosure Suit
33.43
Petition
33.44
Joinder of Other Taxing Units
33.045
Notice of Provisions Authorizing Deferral or Abatement
33.45
Pleading and Answering to Claims Filed
33.46
Partition of Real Property
33.47
Tax Records as Evidence
33.48
Recovery of Costs and Expenses
33.49
Liability of Taxing Unit for Costs
33.50
Adjudged Value
33.51
Writ of Possession
33.52
Taxes Included in Judgment
33.53
Order of Sale
33.54
Limitation on Actions Relating to Property Sold for Taxes
33.55
Effect of Judgment on Accrual of Penalties and Interest
33.56
Vacation of Judgment
33.57
Alternative Notice of Tax Foreclosure on Certain Parcels of Real Property
33.065
Deferred Collection of Taxes on Appreciating Residence Homestead
33.71
Masters for Tax Suits
33.72
Report Transmitted to Court
33.73
Court Action on Master’s Report
33.74
Appeal of Recommendation of Final Judgment to the Referring Court or on Request of the Referring Court
33.75
Decree or Order of Court
33.76
Jury Trial Demanded
33.77
Effect of Master’s Report Pending Appeal
33.78
Masters May Not Be Appointed Under Texas Rules of Civil Procedure
33.79
Immunity
33.80
Court Reporter
33.91
Property Subject to Seizure by Municipality
33.92
Institution of Seizure
33.93
Tax Warrant
33.94
Notice of Tax Sale
33.95
Purchaser
33.445
Joinder of Tax Lien Transferee
33.475
Attorney Ad Litem Report
33.911
Property Subject to Seizure by County
33.912
Notice

Accessed:
Mar. 23, 2024

§ 33.51’s source at texas​.gov