S.B. No. 38 amends the Texas Property Code to streamline the eviction process and clarify the jurisdiction of justice courts in eviction suits. The bill mandates that eviction suits be filed in the justice precinct where the property is located and introduces new provisions for the computation of time for notices and filings. It establishes that justice courts can adjudicate the right to actual possession of the premises but cannot adjudicate title to the property. The bill also prohibits counterclaims and the joinder of suits against third parties in eviction cases, while allowing claims that cannot be asserted under this subsection to be brought in separate suits. Additionally, it modifies notice requirements for landlords, particularly in nonpayment cases, and introduces provisions for electronic proceedings, allowing parties to appear via videoconference or teleconference. Significant changes include the ability for landlords to obtain summary judgments without a trial by filing a sworn motion for summary disposition alongside their petition. The bill allows tenants to appeal judgments by filing a statement of inability to afford payment of court costs instead of a pauper's affidavit, and it clarifies the obligations regarding rent payments during the appeal process. Other provisions include the simultaneous hearing of contests regarding the tenant's ability to pay court costs and the eviction case, as well as the landlord's responsibility for costs associated with issuing and executing a writ of possession. The bill repeals several existing provisions and specifies that the changes will apply only to eviction suits filed on or after January 1, 2026, with certain sections taking effect 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)