S.B. No. 38 seeks to amend the Texas Property Code to streamline the eviction process for individuals not entitled to occupy real property. Key provisions include granting justice courts the authority to adjudicate eviction suits and issue writs of possession, along with new requirements for filing eviction suits, such as a sworn petition. The bill prohibits counterclaims and joinder of suits against third parties in eviction cases, establishes guidelines for venue changes, and mandates that landlords provide written notice to tenants before filing for eviction, particularly in nonpayment situations. It also emphasizes compliance with state and federal notice requirements and restricts local courts from imposing additional rules beyond those set by the Texas Rules of Civil Procedure.

Further modifications include setting specific timelines for eviction trials, allowing electronic appearances, and enabling landlords to file sworn motions for summary disposition. The appeal process is revised to allow tenants to appeal by filing a statement of inability to afford court costs, with the requirement to pay rent into the court registry during the appeal. The bill also addresses situations where a government agency partially covers rent, allowing tenants to contest their rent obligations during appeals. Additionally, it clarifies the procedures for issuing writs of possession and mandates the supreme court to adopt necessary rules for these processes. The changes will take effect for eviction suits filed on or after January 1, 2026.

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)