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 eviction notices. It establishes that justice courts will adjudicate the right to actual possession of the premises without addressing property title, 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, requiring them to provide written notice to tenants detailing grounds for eviction and response times. Significant changes are also made to the appeals process, including the replacement of the "pauper's affidavit" with a statement of inability to afford payment of court costs. During appeals, tenants must pay rent into the court registry, and the bill clarifies that if a government agency is responsible for part of the rent, tenants only need to pay their determined portion. The bill allows for simultaneous hearings on the tenant's ability to pay court costs and the eviction case, and it specifies that a writ of possession can be issued without a hearing if the tenant fails to pay the required rent deposit. The changes will apply only to eviction suits filed on or after January 1, 2026, and the Supreme Court is tasked with adopting rules to clarify eviction procedures in line with the amended Property Code.

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)