S.B. No. 38 amends the Texas Property Code to streamline the eviction process and clarify jurisdiction and procedures for eviction suits. The bill mandates that eviction suits be filed in the justice precinct where the property is located and requires a sworn petition to initiate these suits. It establishes that justice courts can adjudicate the right to actual possession but not the title to the property, prohibits counterclaims and the joinder of suits against third parties in eviction cases, and allows claims that cannot be asserted in eviction suits to be brought in separate actions. Additionally, the bill modifies notice requirements for landlords, particularly regarding nonpayment of rent, and introduces provisions for electronic proceedings if both parties agree.

The bill also introduces a new process for landlords to file a sworn motion for summary disposition without a trial, allowing for judgment in favor of the landlord if no genuinely disputed facts are presented. Tenants can respond within four days, and if they show disputed facts, a trial will be set. Other amendments include replacing "pauper's affidavit" with "statement of inability to afford payment of court costs," clarifying tenant responsibilities during appeals, and defining "premises" to include associated areas. The issuance of a writ of possession is designated as a ministerial act, and non-lawyer representation is permitted in eviction suits. The changes will take effect on January 1, 2026, with some provisions effective earlier on September 1, 2025.

Statutes affected:
Introduced: Property Code 24.004, Property Code 24.005, Property Code 24.0051, Property Code 24.00511, Property Code 24.00512, Property Code 24.0052, Property Code 24.0053, Property Code 24.0054, Property Code 24.006, Property Code 24.0061, Property Code 24.0062, Property Code 24.011 (Property Code 24)
Senate Committee Report: Property Code 24.004, Property Code 24.005, Property Code 24.0051, Property Code 24.00511, Property Code 24.00512, Property Code 24.0052, Property Code 24.0053, Property Code 24.0054, Property Code 24.0061, Property Code 24.011 (Property Code 24)
Engrossed: Property Code 24.004, Property Code 24.005, Property Code 24.0051, Property Code 24.00511, Property Code 24.00512, Property Code 24.0052, Property Code 24.0053, Property Code 24.0054, Property Code 24.0061, Property Code 24.011 (Property Code 24)
House Committee Report: Property Code 24.004, Property Code 24.005, Property Code 24.0051, Property Code 24.00511, Property Code 24.00512, Property Code 24.0052, Property Code 24.0053, Property Code 24.0054, Property Code 24.0061, Property Code 24.011 (Property Code 24)
Enrolled: Property Code 24.004, Property Code 24.005, Property Code 24.0051, Property Code 24.00511, Property Code 24.00512, Property Code 24.0052, Property Code 24.0053, Property Code 24.0054, Property Code 24.0061, Property Code 24.011 (Property Code 24)