S.B. No. 38 amends the Texas Property Code to enhance the efficiency and clarity of the eviction process. 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 possession without addressing property title and prohibits counterclaims and the joinder of third-party suits in eviction cases. Additionally, the bill modifies notice requirements for landlords, requiring written notice to tenants based on their payment history, and introduces procedures for filing eviction petitions, including sworn petitions and electronic proceedings. The bill also allows landlords to file a sworn motion for summary disposition, enabling courts to grant judgment without a trial if there are no disputed facts. Tenants can respond within four days to present any disputes, which would lead to a trial date. Other amendments include allowing tenants to file a statement of inability to afford payment of court costs instead of a pauper's affidavit, and stipulating that tenants must pay rent into the court registry during appeals. The bill also clarifies that a writ of possession can be issued without a hearing if the tenant fails to pay the required rent deposit and establishes that landlords are responsible for the costs associated with issuing and executing the writ. The changes will apply to eviction suits filed on or after January 1, 2026, with some provisions 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)