BILL ANALYSIS Senate Research Center S.B. 38 89R6006 SCR-D By: Bettencourt et al. State Affairs 3/21/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 38 establishes a process to adjudicate cases in civil courts when a property owner is denied access to their property by someone who has no legal right to remain on the property. Examples of denied access to property include when a person occupies a residential property without the owner's consent or when a person remains in a residential property despite no longer having legal access to the property. This issue was brought to my office's attention through multiple reports of "squatting." Reports of these incidents were shared on social media and have been the subject of numerous news media reports. In addition, the Senate Local Government Committee held a hearing in May 2024 where 17 witnesses from across the state shared examples of unauthorized persons illegally occupying residential properties. Squatting cases must be addressed quickly to restore an owner's right to their property. In those cases involving no legal dispute over the owner's right to possession (non-payment of rent cases), returning the property to the owner should be straightforward and efficient. This legislation is about returning property to property owners in those cases where there are no valid competing claims to possession without forcing them to subsidize months and months of free rent, property damage, and other costs. This legislation makes several reforms to the civil eviction process, including: Allow service of process and writs of possession to be executed by any law enforcement agency; Allow eviction cases to be filed in either the precinct where the property is located or an adjacent precinct; Establish an expedited judicial process to efficiently resolve claims. This process is already found in the Texas Civil Rules of Procedure and is available for resolving other non-contested legal matters; Allow property owners to provide residents who are in default of a lease with one of two demands: Notice to Pay Rent or Vacate/Notice to Vacate; For appeals, require residents to make timely payment of rent to the court during the pendency of the appeal and require county courts to take up appeals within 21 days after judgment is received from the JP court; Mandate that if a governmental entity provides funding for legal representation of residents contesting an eviction, an equal amount of the funds must be set aside for relocation assistance for renters. As proposed, S.B. 38 amends current law relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 24.004, Property Code, by amending Subsection (a) and adding Subsection (c), as follows: (a) Provides that, except as provided by Subsection (b) (relating to a justice court lacking jurisdiction in a forcible entry and detainer or suit and the requirement to dismiss the suit under certain circumstances), a justice court in the precinct in which the real property is located or in a precinct in the county in which the real property is located that is adjacent to the precinct in which the real property is located has jurisdiction in eviction suits. Provides that a justice court has jurisdiction to issue a writ of possession under Sections 24.0051, 24.0054(a) (relating to circumstances during an appeal of an eviction case for nonpayment of rent when a justice court is required to issue a writ of possession without a hearing), and 24.0061 (Writ of Possession), rather than 24.0054 (a-2) (relating to the justice court's procedures for forwarding certain documents for an appeal of an eviction case), and (a-3) (relating to prohibiting the justice court from issuing a writ of possession if the tenant has timely deposited a certain portion of the tenant's rent). (c) Requires a justice court in which a petition is filed under Section 24.00505 to adjudicate the right to actual possession of the premises. Prohibits the justice court from adjudicating title to the premises. Provides that counterclaims and the joinder of suits against third parties are not permitted in eviction suits. Provides that this subsection does not preclude a claim that is prohibited from being asserted under this subsection from being brought in a separate suit in a court of proper jurisdiction. SECTION 2. Amends Chapter 24, Property Code, by adding Section 24.0041, as follows: Sec. 24.0041. AUTHORITY TO MODIFY OR SUSPEND EVICTION PROCEDURES. Provides that, notwithstanding any other law, including Section 22.004 (Rules of Civil Procedure), Government Code, only the legislature is authorized to modify or suspend procedures prescribed by Chapter 24 (Forcible Entry and Detainer). SECTION 3. Amends the heading to Section 24.005, Property Code, to read as follows: Sec. 24.005. NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS. SECTION 4. Amends Section 24.005, Property Code, by amending Subsections (a), (b), and (e) and adding Subsections (c-1) and (f-3), as follows: (a) Requires the landlord, in a forcible detainer suit against a tenant whose right of possession is terminated based on nonpayment of rent, to give the tenant at least three days' written notice before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. Authorizes a written notice under this section to be given in the form of a notice to pay rent or vacate or a notice to vacate. Provides that a landlord who files a forcible detainer suit on grounds other than nonpayment of rent is not required to give presuit notice under this chapter. Deletes existing text requiring the landlord, if the occupant is a tenant under a written lease or oral rental agreement, to give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. Deletes existing text requiring a landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period to also comply with the tenancy termination requirements of Section 91.001 (Notice for Terminating Certain Tenancies). (b) Deletes existing text requiring the landlord, if the occupant is a tenant at will or by sufferance, to give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. (c-1) Provides that, if an applicable federal law or rule requires a landlord to give a tenant entitled to presuit notice under this section a longer presuit notice period than is required by this section, the notice period under this section runs concurrently with the notice period prescribed by the federal law. (e) Provides that, if the lease or applicable law requires a landlord to give a tenant entitled to presuit notice under this section an opportunity to respond to a notice of proposed eviction before filing an eviction suit: (1) the notice period in a notice to pay rent or vacate or notice to vacate under Subsection (a) is authorized, at the landlord's discretion, to run concurrently with the period provided for the tenant to respond to the notice of proposed eviction; and (2) the notice to pay rent or vacate or notice to vacate is authorized to include the required opportunity to respond to the notice of proposed eviction. Deletes existing text prohibiting a notice from being given until the period provided for the tenant to respond to eviction has expired. Makes nonsubstantive changes. (f-3) Requires that a notice required by this section be delivered in any manner the parties agree to in writing or, if no agreement is made in writing, in any other manner in which the tenant has communicated in writing with the landlord or if the tenant has not communicated in writing with the landlord, in a manner reasonably expected to provide actual notice. SECTION 5. Amends Chapter 24, Property Code, by adding Section 24.00505, as follows: Sec. 24.00505. PETITION. (a) Requires that, to initiate an eviction suit, a sworn petition be filed with the court. Requires that the petition include certain information and statements. (b) Prohibits the court from requiring content in the petition other than content required by this section or dismissing an eviction suit on the basis that a petition is improper if the petition meets the requirements of this section or can be amended to meet the requirements of this section. SECTION 6. Amends Section 24.0051, Property Code, as follows: Sec. 24.0051. New heading: PROCEDURES APPLICABLE IN EVICTION SUIT; RECOVERY OF UNPAID RENT. (a) Provides that, in a suit filed in justice court in which the plaintiff, rather than landlord, files a sworn statement seeking judgment against a defendant, rather than a tenant, for possession of the premises and unpaid rent, personal service on the defendant or substituted service on the defendant under the Texas Rules of Civil Procedure, rather than Rule 742a, Texas Rules of Civil Procedure, is procedurally sufficient to support a default judgment for possession of the premises and unpaid rent. Makes conforming and nonsubstantive changes. (b) Makes conforming changes to this subsection. (c) Requires that the citation, rather than the citation required by Rule 739, Texas Rules of Civil Procedure, in a suit to recover possession of the premises, whether or not unpaid rent is claimed, include a certain notice. (d) Amends the notice required to be included in a citation to change a reference to a tenant to a person. Makes a conforming change. (e) Authorizes an eviction suit to be served by certain persons. (f) Provides that the court is required to hold the trial of an eviction suit on a date that is not earlier than the 10th day or later than the 21st day after the date the petition is filed and is prohibited from holding the trial on a date that is earlier than the third day after the date the defendant is served with the petition. SECTION 7. Amends Chapter 24, Property Code, by adding Sections 24.005105, 24.005106, and 24.005107, as follows: Sec. 24.005105. ELECTRONIC PROCEEDINGS. Authorizes a justice court to allow or require a participant in an eviction suit to appear at, and authorizes a judge to hold, a court proceeding in the suit by videoconference, teleconference, or other available electronic means. Provides that a judge holding a court proceeding under this section by videoconference, teleconference, or other available electronic means is not required to conduct the court proceeding from the judge's office. Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) Authorizes a plaintiff that files a sworn petition under Section 24.00505 to include with the petition a sworn motion for summary disposition without trial. Requires that the motion set out all supporting facts, and that documents on which the motion relies be attached. Requires the court, if the motion shows that there are no genuinely disputed facts that would prevent a judgment in favor of the plaintiff, not later than the 10th day after the date the plaintiff files the petition and motion, to enter judgment in favor of the plaintiff without a trial unless: (1) not later than the third day after the date the defendant is served with the plaintiff's sworn petition, the defendant files a sworn written response setting out all supporting facts and attaching all documents on which the response relies; and (2) the justice court determines that, based on the plaintiff's sworn petition and the defendant's sworn response, there are genuinely disputed facts that would prevent a judgment in favor of the plaintiff. (b) Provides that the justice court is authorized to enter judgment for the plaintiff regardless of the defendant's sworn response if the response does not show there is a genuinely disputed fact that would prevent judgment in favor of the plaintiff and prohibits it from considering a response filed by the defendant later than the third day after the date the defendant was served with the plaintiff's sworn petition and motion. (c) Requires the justice court, if the justice court determines that there are genuinely disputed facts that would prevent a judgment in favor of the plaintiff, to set a trial date that is not earlier than the 10th day and not later than the 21st day after the date the petition and motion are filed by the plaintiff. (d) Prohibits a writ of possession issued after entry of judgment in favor of the plaintiff on summary disposition under this section from being executed before the fourth day after the date the defendant is served with the petition. Sec. 24.005107. APPEAL TO COUNTY COURT. (a) Authorizes a party to appeal the judgment of a justice court in an eviction suit by filing a notice of appeal and a bond, cash deposit, or statement of inability to afford payment of court costs with the justice court not later than the fifth day after the date the judgment is signed. Requires a defendant who files a notice of appeal to affirm in the notice, under penalty of perjury, the defendant's good faith belief that the defendant has a meritorious defense and that the appeal is not for the purpose of delay. Provides that an appeal is perfected when a notice of appeal and a bond, cash deposit, or statement of inability to afford payment of court costs are timely filed with the justice court in accordance with this section. (b) Requires the justice court to forward the transcript and original papers in an appeal of an eviction case to the county court but is prohibited from forwarding the transcript and original papers before the sixth day after the date the defendant files a notice of appeal, except that, if the court confirms that the defendant has timely paid the initial rent payment into the justice court registry in accordance with Section 24.0053 (Payment of Rent During Appeal of Conviction), the court is authorized to forward the transcript and original papers immediately. (c) Requires the county court to hold a trial not later than the 21st day after the date the transcript and original papers are delivered to the county court. SECTION 8. Amends Section 24.00511(a), Property Code, as follows: (a) Requires the justice court, in a residential eviction suit, rather than a residential eviction suit for nonpayment of rent, to state in the court's judgment the amount of the appeal bond, taking into consideration the money required to be paid into the court registry under Section 24.0053. SECTION 9. Amends Sections 24.00512(f) and (g), Property Code, as follows: (f) Requires the justice court, if an appeal of a decision disapproving the appeal bond is filed, to transmit to the county court the contest to the appeal bond and all relevant documents. Creates an exception under Section 24.0054. (g) Makes conforming changes to this subsection. SECTION 10. Amends Section 24.0052, Property Code, as follows: Sec. 24.0052. New heading: DEFENDANT APPEAL ON PAUPER'S AFFIDAVIT. (a)-(e) Makes conforming changes to these subsections. SECTION 11. Amends Sections 24.0053(a), (a-1), (a-2), (a-3), (b), (c), (d), and (e), Property Code, as follows: (a) Requires the court, if the justice court enters judgment for the plaintiff in a residential eviction case, rather than in a residential eviction case based on nonpayment of rent, to determine the amount of rent to be paid each rental pay period during the pendency of any appeal and is required to note that amount in the judgment. Requires the court, if a portion of the rent is payable by a government agency, to determine and note in the judgment the portion of the rent to be paid by the government agency and the portion to be paid by the defendant. Requires the court, if there is no rental agreement, to determine the rental pay period and the amount of rent to be paid by the defendant in each rental pay period, which is required to be the greater of $500 or, if determined by the court, the fair market rent. Deletes existing text providing that this subsection does not require or prohibit payment of rent into the court registry or directly to the landlord during the pendency of an appeal of an eviction case based on grounds other than nonpayment of rent. Makes conforming changes. (a-1) Requires the justice court, if a defendant files an appeal of a justice court's judgment in an eviction suit, to provide to the defendant a written notice at the time the appeal is filed that contains the following information in bold or conspicuous type: (1) the amount of rent, rather than the amount of the initial deposit of rent, stated in the judgment that the defendant is required to pay into the justice court or county court registry, as applicable, during the pendency of the appeal: (2) makes a conforming change; (3) the calendar date by which the rent is required to be paid into the justice court or county court registry, as applicable; (4) makes no changes to this subdivision; and (5) makes conforming changes to this subdivision. Deletes existing text requiring the justice court, in an eviction suit for nonpayment of rent, if a tenant files a pauper's affidavit in the period prescribed by Section 24.0052 or an appeal bond pursuant to the Texas Rules of Civil Procedure, to provide to the tenant a written notice at the time the pauper's affidavit or appeal bond is filed that contains certain information relating to the initial deposit of rent and payment timelines in bold or conspicuous type. Makes conforming changes. (a-2) Requires the defendant, not later than the fifth day after the date the defendant files a notice of appeal, pay rent for one rental pay period into the justice court registry and on or before the beginning of each rental pay period during the pendency of the appeal, pay rent for one rental pay period into the justice court or county court registry, as applicable, according to the court in which the case is pending at the time of payment. Deletes existing text requiring that the date by which an initial deposit be paid into the justice court registry under Subsection (a-1)(3) is required to be within five days of the date the tenant files the pauper's affidavit as required by the Texas Rules of Civil Procedure. (a-3) Requires the justice court or county court, as applicable, to disburse rent paid into the justice court or county court registry to the plaintiff on request at any time during or after the pendency of the appeal. Deletes existing text requiring the tenant, if a tenant files an appeal bond to appeal an eviction for nonpayment of rent, not later than the fifth day after the date the tenant filed the appeal bond, to pay into the justice court registry the amount of rent to be paid in one rental pay period as determined by the court under Subsection (a). Deletes existing text authorizing the tenant, if the tenant fails to timely pay that amount into the justice court registry and the transcript has not yet been transmitted to the county court, to request a writ of possession. Deletes existing text requiring the justice court, on request and payment of the applicable fee, to issue the writ of possession immediately and without a hearing. Deletes existing text requiring the justice court, regardless of whether a writ of possession is issued, to transmit the transcript and appeal documents to the county court for trial de novo on issues relating to possession, rent, or attorney's fees. (b) Deletes existing text requiring the tenant, if an eviction case is based on nonpayment of rent and the tenant appeals by filing a pauper's affidavit, to pay the rent, as it becomes due, into the justice court or the county court registry, as applicable, during the pendency of the appeal, in accordance with the Texas Rules of Civil Procedure and Subsection (a). Makes conforming changes. (c) Authorizes either party, if the defendant's rent, rather than if an eviction case is based on nonpayment of rent and the tenant's rent, during the rental agreement term has been paid wholly or partly by a government agency, to contest the portion of the rent that the justice court determines is required to be paid into the county court registry by the defendant under this section. Makes conforming changes. (d) Deletes existing text requiring the tenant, if the tenant objects to the justice court's ruling under Subsection (c) on the portion of the rent to be paid by the tenant during appeal, to be required to pay only the portion claimed by the tenant to be owed by the tenant until the issue is tried de novo along with the case on the merits in county court. Makes a conforming change. (e) Makes conforming changes to this subsection. SECTION 12. Amends the heading to Section 24.0054, Property Code, to read as follows: Sec. 24.0054. New heading: DEFENDANT'S FAILURE TO PAY RENT DURING APPEAL. SECTION 13. Amends Section 24.0054, Property Code, by amending Subsections (a), (a-1), (a-2), and (f) and adding Subsection (g), as follows: (a) Requires the justice court or county court, on request, as applicable, during an appeal of an eviction case to immediately issue a writ of possession, without hearing, if a defendant fails to pay rent into the appropriate court registry as required by Section 24.0053 and the justice court has provided the written notice required by Section 24.0053(a-1). Deletes existing text requiring the justice court, during an appeal of an eviction case for nonpayment of rent, on request, to immediately issue a writ of possession, without hearing, if a tenant fails to pay the initial rent deposit into the justice court registry within five days of the date the tenant filed a pauper's affidavit as required by Rule 749b(1), Texas Rules of Civil Procedure, and Section 24.0053, the justice court has provided the written notice required by Section 24.0053(a-1), and the justice court has not yet forwarded the transcript and original papers to the county court as provided by Subsection (a-2). Makes nonsubstantive changes. (a-1) Requires the sheriff, the constable, or another law enforcement officer to execute a writ of possession under Subsection (a) in accordance with Sections 24.0061(d) (relating to certain procedures for an officer executing a writ of possession) through (h). Makes conforming and nonsubstantive changes. (a-2) Requires the justice court, if the justice court issues a writ of possession under this section, to forward the transcript and original papers in the eviction case to the county court for trial de novo to resolve any remaining issues in the case, such as rent or attorney's fees, notwithstanding the fact that the writ has been issued or executed. Deletes existing text requiring the justice court to forward the transcript and original papers in an appeal of an eviction case to the county court but prohibiting it from forwarding the transcript and original papers before the sixth day after the date the tenant files a pauper's affidavit, except that, if the court confirms that the tenant has timely paid the initial deposit of rent into the justice court registry in accordance with Section 24.0053, the court is authorized to forward the transcript and original papers immediately. Deletes existing text requiring the justice court, on request, if the tenant has not timely paid the initial deposit into the justice court registry, to issue a writ of possession notwithstanding the fact that the tenant has perfected an appeal by filing a pauper's affidavit that has been approved by the court. Deletes existing text requiring the justice court to forward the transcript and original papers in the case to the county court for trial de novo, notwithstanding the fact that a writ of possession under this section has already been issued. (f) Deletes existing text requiring the court, after notice and hearing, to grant the motion if the landlord proves by credible evidence that the landlord is not able to take reasonable action that will cause the agency to resume making the payments of its portion of the total rent due under the rental agreement. Makes conforming and nonsubstantive changes. (g) Prohibits the county court, for the purpose of the county court's determination whether to grant the plaintiff's motion under Subsection (f), from considering the plaintiff's pursuit of the eviction process to be a cause of the agency ceasing to make the payments or paying the wrong amount. SECTION 14. Amends Sections 24.006(a), (b), and (c), Property Code, as follows: (a) Requires the person seeking to recover possession of a premises, rather than a landlord, except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, to give an occupant, rather than a tenant, who is unlawfully retaining possession of the premises a written demand to vacate the premises. Makes conforming changes. (b) Provides that, if a person seeking to recover possession of the premises provides the occupant notice under Subsection (a) or if the person is a landlord under a written lease that entitles the landlord to recover attorney's fees, the person, rather than a prevailing landlord, is entitled to recover reasonable attorney's fees if the person prevails in the eviction suit, rather than recover reasonable attorney's fees from the tenant. Makes conforming and nonsubstantive changes. (c) Provides that, if a person seeking to recover possession of the premises is a landlord under a written lease that entitles the landlord or the tenant to recover attorney's fees, the tenant is entitled to recover reasonable attorney's fees from the landlord if the tenant prevails in the eviction suit. Deletes existing text providing that if the landlord provides the prevailing tenant notice under Subsection (a), a written lease entitles the landlord or the tenant to recover attorney's fees, the prevailing tenant is entitled to recover reasonable attorney's fees from the landlord. Makes a conforming change. SECTION 15. Amends Sections 24.0061(a), (b), (c), (d), (d-1), (e), (f), (h), and (i), Property Code, as follows: (a) Redefines "premises." Makes a conforming change. (b) Provides that a writ of possession is prohibited from being issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure, rather than under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default. Prohibits a writ of possession, if judgment in favor of the plaintiff is entered by summary disposition under Section 24.005106, from being issued before the day after the date of the judgment. Provides that the writ of possession is authorized to be served by a sheriff, constable, or other law enforcement officer, including an off-duty law enforcement officer retained by the plaintiff for that purpose. (c)-(f) Makes conforming changes to these subsections. (h) Authorizes an officer, rather than a sheriff or constable, to use reasonable force in executing a writ under this section. (i) Provides that a plaintiff is not liable for damages to the defendant resulting from the enforcement of a judgment in favor of the plaintiff under this chapter including the execution of a writ of possession by an officer under this section. Makes conforming changes. SECTION 16. Amends Sections 24.0062(a), (b), (d), (e), (g), and (i), Property Code, to make conforming changes. SECTION 17. Amends Section 24.011, Property Code, as follows: Sec. 24.011. NONLAWYER REPRESENTATION. (a) Authorizes the parties in an eviction suit in justice court to represent themselves or be represented by their authorized agents, who need not be attorneys. Deletes existing text authorizing the parties in eviction suits in justice court for nonpayment of rent or holding over beyond a rental term to represent themselves or be represented by their authorized agents, who need not be attorneys. Deletes existing text providing that, in any eviction suit in justice court, an authorized agent requesting or obtaining a default judgment need not be an attorney. (b) Deletes existing text authorizing an owner of a multifamily residential property, in an appeal of an eviction suit for nonpayment of rent in a county or district court, if the owner is a corporation or other entity to be represented, by an employee, owner, officer, or partner of the entity, who need not be an attorney. Makes a nonsubstantive change. SECTION 18. Amends Chapter 24, Property Code, by adding Section 24.012, as follows: Sec. 24.012. MUNICIPAL OR COUNTY SUPPORT FOR TENANTS IN EVICTION PROCESS. (a) Requires a municipality or county that funds a legal aid service or organization to provide information, advice, or representation to eligible tenants in the eviction process to provide an equal amount of funding to pay for relocation assistance for tenants. (b) Requires that relocation assistance provided to a tenant under Subsection (a) be in a sufficient amount to enable the tenant to move out of the premises from which the tenant is being evicted, including the tenant's moving expenses, a security deposit, if one is required, and one month's rent. SECTION 19. Repealers: Section 24.002(b) (relating to the requirement that a demand for possession be made in writing and comply with certain requirements for notice to vacate) and Section 24.005(c) (relating to the requirement that a landlord give certain occupants at least three days' written notice to vacate before filing a forcible detainer suit), Property Code. Repealers: Sections (d) (relating to the requirement to give an occupant oral or written notice to vacate before filing a detainer suit) and (f) (relating to acceptable methods to provide a notice to vacate), Property Code. Repealers: Sections 24.005 (f-1) (relating to certain alternative procedures to deliver the notice to vacate) and (f-2) (relating to the date a notice to vacate is considered delivered), Property Code. Repealers: Sections 24.005 (h) (relating to considering a notice to vacate as equivalent to a demand for possession for certain purposes) and (i) (relating to a landlord's authority to include in a notice to vacate a demand that the tenant pay delinquent rent or vacate the premises by a certain date and time), Property Code. Repealers: Section 24.0053(a-4) (relating to a plaintiff's authority in an eviction suit to withdraw money deposited in the court registry in certain circumstances) and Section 24.0054(a-3) (relating to prohibiting the justice court from issuing a write of possession if the tenant has timely deposited a certain portion of the tenant's rent), Property Code. Repealers: Sections 24.0054 (a-4) (relating to a landlord's authority to file a sworn motion that the tenant failed to pay rent during an appeal of an eviction case for nonpayment of rent) and (b) (relating to the requirement that, upon finding that the tenant has not complied with certain payment requirements and unless other certain payments are made, the county court issue a writ of possession), Property Code. Repealers: Sections 24.0054 (c) (relating to certain requirements if the court finds that a tenant has failed to pay the rent into the court registry on more than one occasion) and (d) (relating to a prohibition on executing a writ of possession under certain circumstances before the sixth day after the date the writ is issued), Property Code. Repealer: Section 24.0054 (e) (relating to the authority of the parties involved in certain eviction cases to represent themselves or be represented by others that need not be attorneys), Property Code. SECTION 20. Makes application of this Act prospective. SECTION 21. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 38
89R6006 SCR-D By: Bettencourt et al.
State Affairs
3/21/2025
As Filed
Senate Research Center
S.B. 38
89R6006 SCR-D
By: Bettencourt et al.
State Affairs
3/21/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 38 establishes a process to adjudicate cases in civil courts when a property owner is denied access to their property by someone who has no legal right to remain on the property. Examples of denied access to property include when a person occupies a residential property without the owner's consent or when a person remains in a residential property despite no longer having legal access to the property.
This issue was brought to my office's attention through multiple reports of "squatting." Reports of these incidents were shared on social media and have been the subject of numerous news media reports. In addition, the Senate Local Government Committee held a hearing in May 2024 where 17 witnesses from across the state shared examples of unauthorized persons illegally occupying residential properties.
Squatting cases must be addressed quickly to restore an owner's right to their property. In those cases involving no legal dispute over the owner's right to possession (non-payment of rent cases), returning the property to the owner should be straightforward and efficient.
This legislation is about returning property to property owners in those cases where there are no valid competing claims to possession without forcing them to subsidize months and months of free rent, property damage, and other costs. This legislation makes several reforms to the civil eviction process, including:
* Allow service of process and writs of possession to be executed by any law enforcement agency;
* Allow eviction cases to be filed in either the precinct where the property is located or an adjacent precinct;
* Establish an expedited judicial process to efficiently resolve claims. This process is already found in the Texas Civil Rules of Procedure and is available for resolving other non-contested legal matters;
* Allow property owners to provide residents who are in default of a lease with one of two demands: Notice to Pay Rent or Vacate/Notice to Vacate;
* For appeals, require residents to make timely payment of rent to the court during the pendency of the appeal and require county courts to take up appeals within 21 days after judgment is received from the JP court;
* Mandate that if a governmental entity provides funding for legal representation of residents contesting an eviction, an equal amount of the funds must be set aside for relocation assistance for renters.
As proposed, S.B. 38 amends current law relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 24.004, Property Code, by amending Subsection (a) and adding Subsection (c), as follows:
(a) Provides that, except as provided by Subsection (b) (relating to a justice court lacking jurisdiction in a forcible entry and detainer or suit and the requirement to dismiss the suit under certain circumstances), a justice court in the precinct in which the real property is located or in a precinct in the county in which the real property is located that is adjacent to the precinct in which the real property is located has jurisdiction in eviction suits. Provides that a justice court has jurisdiction to issue a writ of possession under Sections 24.0051, 24.0054(a) (relating to circumstances during an appeal of an eviction case for nonpayment of rent when a justice court is required to issue a writ of possession without a hearing), and 24.0061 (Writ of Possession), rather than 24.0054 (a-2) (relating to the justice court's procedures for forwarding certain documents for an appeal of an eviction case), and (a-3) (relating to prohibiting the justice court from issuing a writ of possession if the tenant has timely deposited a certain portion of the tenant's rent).
(c) Requires a justice court in which a petition is filed under Section 24.00505 to adjudicate the right to actual possession of the premises. Prohibits the justice court from adjudicating title to the premises. Provides that counterclaims and the joinder of suits against third parties are not permitted in eviction suits. Provides that this subsection does not preclude a claim that is prohibited from being asserted under this subsection from being brought in a separate suit in a court of proper jurisdiction.
SECTION 2. Amends Chapter 24, Property Code, by adding Section 24.0041, as follows:
Sec. 24.0041. AUTHORITY TO MODIFY OR SUSPEND EVICTION PROCEDURES. Provides that, notwithstanding any other law, including Section 22.004 (Rules of Civil Procedure), Government Code, only the legislature is authorized to modify or suspend procedures prescribed by Chapter 24 (Forcible Entry and Detainer).
SECTION 3. Amends the heading to Section 24.005, Property Code, to read as follows:
Sec. 24.005. NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS.
SECTION 4. Amends Section 24.005, Property Code, by amending Subsections (a), (b), and (e) and adding Subsections (c-1) and (f-3), as follows:
(a) Requires the landlord, in a forcible detainer suit against a tenant whose right of possession is terminated based on nonpayment of rent, to give the tenant at least three days' written notice before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. Authorizes a written notice under this section to be given in the form of a notice to pay rent or vacate or a notice to vacate. Provides that a landlord who files a forcible detainer suit on grounds other than nonpayment of rent is not required to give presuit notice under this chapter.
Deletes existing text requiring the landlord, if the occupant is a tenant under a written lease or oral rental agreement, to give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. Deletes existing text requiring a landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period to also comply with the tenancy termination requirements of Section 91.001 (Notice for Terminating Certain Tenancies).
(b) Deletes existing text requiring the landlord, if the occupant is a tenant at will or by sufferance, to give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.
(c-1) Provides that, if an applicable federal law or rule requires a landlord to give a tenant entitled to presuit notice under this section a longer presuit notice period than is required by this section, the notice period under this section runs concurrently with the notice period prescribed by the federal law.
(e) Provides that, if the lease or applicable law requires a landlord to give a tenant entitled to presuit notice under this section an opportunity to respond to a notice of proposed eviction before filing an eviction suit:
(1) the notice period in a notice to pay rent or vacate or notice to vacate under Subsection (a) is authorized, at the landlord's discretion, to run concurrently with the period provided for the tenant to respond to the notice of proposed eviction; and
(2) the notice to pay rent or vacate or notice to vacate is authorized to include the required opportunity to respond to the notice of proposed eviction.
Deletes existing text prohibiting a notice from being given until the period provided for the tenant to respond to eviction has expired. Makes nonsubstantive changes.
(f-3) Requires that a notice required by this section be delivered in any manner the parties agree to in writing or, if no agreement is made in writing, in any other manner in which the tenant has communicated in writing with the landlord or if the tenant has not communicated in writing with the landlord, in a manner reasonably expected to provide actual notice.
SECTION 5. Amends Chapter 24, Property Code, by adding Section 24.00505, as follows:
Sec. 24.00505. PETITION. (a) Requires that, to initiate an eviction suit, a sworn petition be filed with the court. Requires that the petition include certain information and statements.
(b) Prohibits the court from requiring content in the petition other than content required by this section or dismissing an eviction suit on the basis that a petition is improper if the petition meets the requirements of this section or can be amended to meet the requirements of this section.
SECTION 6. Amends Section 24.0051, Property Code, as follows:
Sec. 24.0051. New heading: PROCEDURES APPLICABLE IN EVICTION SUIT; RECOVERY OF UNPAID RENT. (a) Provides that, in a suit filed in justice court in which the plaintiff, rather than landlord, files a sworn statement seeking judgment against a defendant, rather than a tenant, for possession of the premises and unpaid rent, personal service on the defendant or substituted service on the defendant under the Texas Rules of Civil Procedure, rather than Rule 742a, Texas Rules of Civil Procedure, is procedurally sufficient to support a default judgment for possession of the premises and unpaid rent. Makes conforming and nonsubstantive changes.
(b) Makes conforming changes to this subsection.
(c) Requires that the citation, rather than the citation required by Rule 739, Texas Rules of Civil Procedure, in a suit to recover possession of the premises, whether or not unpaid rent is claimed, include a certain notice.
(d) Amends the notice required to be included in a citation to change a reference to a tenant to a person. Makes a conforming change.
(e) Authorizes an eviction suit to be served by certain persons.
(f) Provides that the court is required to hold the trial of an eviction suit on a date that is not earlier than the 10th day or later than the 21st day after the date the petition is filed and is prohibited from holding the trial on a date that is earlier than the third day after the date the defendant is served with the petition.
SECTION 7. Amends Chapter 24, Property Code, by adding Sections 24.005105, 24.005106, and 24.005107, as follows:
Sec. 24.005105. ELECTRONIC PROCEEDINGS. Authorizes a justice court to allow or require a participant in an eviction suit to appear at, and authorizes a judge to hold, a court proceeding in the suit by videoconference, teleconference, or other available electronic means. Provides that a judge holding a court proceeding under this section by videoconference, teleconference, or other available electronic means is not required to conduct the court proceeding from the judge's office.
Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) Authorizes a plaintiff that files a sworn petition under Section 24.00505 to include with the petition a sworn motion for summary disposition without trial. Requires that the motion set out all supporting facts, and that documents on which the motion relies be attached. Requires the court, if the motion shows that there are no genuinely disputed facts that would prevent a judgment in favor of the plaintiff, not later than the 10th day after the date the plaintiff files the petition and motion, to enter judgment in favor of the plaintiff without a trial unless:
(1) not later than the third day after the date the defendant is served with the plaintiff's sworn petition, the defendant files a sworn written response setting out all supporting facts and attaching all documents on which the response relies; and
(2) the justice court determines that, based on the plaintiff's sworn petition and the defendant's sworn response, there are genuinely disputed facts that would prevent a judgment in favor of the plaintiff.
(b) Provides that the justice court is authorized to enter judgment for the plaintiff regardless of the defendant's sworn response if the response does not show there is a genuinely disputed fact that would prevent judgment in favor of the plaintiff and prohibits it from considering a response filed by the defendant later than the third day after the date the defendant was served with the plaintiff's sworn petition and motion.
(c) Requires the justice court, if the justice court determines that there are genuinely disputed facts that would prevent a judgment in favor of the plaintiff, to set a trial date that is not earlier than the 10th day and not later than the 21st day after the date the petition and motion are filed by the plaintiff.
(d) Prohibits a writ of possession issued after entry of judgment in favor of the plaintiff on summary disposition under this section from being executed before the fourth day after the date the defendant is served with the petition.
Sec. 24.005107. APPEAL TO COUNTY COURT. (a) Authorizes a party to appeal the judgment of a justice court in an eviction suit by filing a notice of appeal and a bond, cash deposit, or statement of inability to afford payment of court costs with the justice court not later than the fifth day after the date the judgment is signed. Requires a defendant who files a notice of appeal to affirm in the notice, under penalty of perjury, the defendant's good faith belief that the defendant has a meritorious defense and that the appeal is not for the purpose of delay. Provides that an appeal is perfected when a notice of appeal and a bond, cash deposit, or statement of inability to afford payment of court costs are timely filed with the justice court in accordance with this section.
(b) Requires the justice court to forward the transcript and original papers in an appeal of an eviction case to the county court but is prohibited from forwarding the transcript and original papers before the sixth day after the date the defendant files a notice of appeal, except that, if the court confirms that the defendant has timely paid the initial rent payment into the justice court registry in accordance with Section 24.0053 (Payment of Rent During Appeal of Conviction), the court is authorized to forward the transcript and original papers immediately.
(c) Requires the county court to hold a trial not later than the 21st day after the date the transcript and original papers are delivered to the county court.
SECTION 8. Amends Section 24.00511(a), Property Code, as follows:
(a) Requires the justice court, in a residential eviction suit, rather than a residential eviction suit for nonpayment of rent, to state in the court's judgment the amount of the appeal bond, taking into consideration the money required to be paid into the court registry under Section 24.0053.
SECTION 9. Amends Sections 24.00512(f) and (g), Property Code, as follows:
(f) Requires the justice court, if an appeal of a decision disapproving the appeal bond is filed, to transmit to the county court the contest to the appeal bond and all relevant documents. Creates an exception under Section 24.0054.
(g) Makes conforming changes to this subsection.
SECTION 10. Amends Section 24.0052, Property Code, as follows:
Sec. 24.0052. New heading: DEFENDANT APPEAL ON PAUPER'S AFFIDAVIT. (a)-(e) Makes conforming changes to these subsections.
SECTION 11. Amends Sections 24.0053(a), (a-1), (a-2), (a-3), (b), (c), (d), and (e), Property Code, as follows:
(a) Requires the court, if the justice court enters judgment for the plaintiff in a residential eviction case, rather than in a residential eviction case based on nonpayment of rent, to determine the amount of rent to be paid each rental pay period during the pendency of any appeal and is required to note that amount in the judgment. Requires the court, if a portion of the rent is payable by a government agency, to determine and note in the judgment the portion of the rent to be paid by the government agency and the portion to be paid by the defendant. Requires the court, if there is no rental agreement, to determine the rental pay period and the amount of rent to be paid by the defendant in each rental pay period, which is required to be the greater of $500 or, if determined by the court, the fair market rent. Deletes existing text providing that this subsection does not require or prohibit payment of rent into the court registry or directly to the landlord during the pendency of an appeal of an eviction case based on grounds other than nonpayment of rent. Makes conforming changes.
(a-1) Requires the justice court, if a defendant files an appeal of a justice court's judgment in an eviction suit, to provide to the defendant a written notice at the time the appeal is filed that contains the following information in bold or conspicuous type:
(1) the amount of rent, rather than the amount of the initial deposit of rent, stated in the judgment that the defendant is required to pay into the justice court or county court registry, as applicable, during the pendency of the appeal:
(2) makes a conforming change;
(3) the calendar date by which the rent is required to be paid into the justice court or county court registry, as applicable;
(4) makes no changes to this subdivision; and
(5) makes conforming changes to this subdivision.
Deletes existing text requiring the justice court, in an eviction suit for nonpayment of rent, if a tenant files a pauper's affidavit in the period prescribed by Section 24.0052 or an appeal bond pursuant to the Texas Rules of Civil Procedure, to provide to the tenant a written notice at the time the pauper's affidavit or appeal bond is filed that contains certain information relating to the initial deposit of rent and payment timelines in bold or conspicuous type. Makes conforming changes.
(a-2) Requires the defendant, not later than the fifth day after the date the defendant files a notice of appeal, pay rent for one rental pay period into the justice court registry and on or before the beginning of each rental pay period during the pendency of the appeal, pay rent for one rental pay period into the justice court or county court registry, as applicable, according to the court in which the case is pending at the time of payment.
Deletes existing text requiring that the date by which an initial deposit be paid into the justice court registry under Subsection (a-1)(3) is required to be within five days of the date the tenant files the pauper's affidavit as required by the Texas Rules of Civil Procedure.
(a-3) Requires the justice court or county court, as applicable, to disburse rent paid into the justice court or county court registry to the plaintiff on request at any time during or after the pendency of the appeal.
Deletes existing text requiring the tenant, if a tenant files an appeal bond to appeal an eviction for nonpayment of rent, not later than the fifth day after the date the tenant filed the appeal bond, to pay into the justice court registry the amount of rent to be paid in one rental pay period as determined by the court under Subsection (a). Deletes existing text authorizing the tenant, if the tenant fails to timely pay that amount into the justice court registry and the transcript has not yet been transmitted to the county court, to request a writ of possession. Deletes existing text requiring the justice court, on request and payment of the applicable fee, to issue the writ of possession immediately and without a hearing. Deletes existing text requiring the justice court, regardless of whether a writ of possession is issued, to transmit the transcript and appeal documents to the county court for trial de novo on issues relating to possession, rent, or attorney's fees.
(b) Deletes existing text requiring the tenant, if an eviction case is based on nonpayment of rent and the tenant appeals by filing a pauper's affidavit, to pay the rent, as it becomes due, into the justice court or the county court registry, as applicable, during the pendency of the appeal, in accordance with the Texas Rules of Civil Procedure and Subsection (a). Makes conforming changes.
(c) Authorizes either party, if the defendant's rent, rather than if an eviction case is based on nonpayment of rent and the tenant's rent, during the rental agreement term has been paid wholly or partly by a government agency, to contest the portion of the rent that the justice court determines is required to be paid into the county court registry by the defendant under this section. Makes conforming changes.
(d) Deletes existing text requiring the tenant, if the tenant objects to the justice court's ruling under Subsection (c) on the portion of the rent to be paid by the tenant during appeal, to be required to pay only the portion claimed by the tenant to be owed by the tenant until the issue is tried de novo along with the case on the merits in county court. Makes a conforming change.
(e) Makes conforming changes to this subsection.
SECTION 12. Amends the heading to Section 24.0054, Property Code, to read as follows:
Sec. 24.0054. New heading: DEFENDANT'S FAILURE TO PAY RENT DURING APPEAL.
SECTION 13. Amends Section 24.0054, Property Code, by amending Subsections (a), (a-1), (a-2), and (f) and adding Subsection (g), as follows:
(a) Requires the justice court or county court, on request, as applicable, during an appeal of an eviction case to immediately issue a writ of possession, without hearing, if a defendant fails to pay rent into the appropriate court registry as required by Section 24.0053 and the justice court has provided the written notice required by Section 24.0053(a-1).
Deletes existing text requiring the justice court, during an appeal of an eviction case for nonpayment of rent, on request, to immediately issue a writ of possession, without hearing, if a tenant fails to pay the initial rent deposit into the justice court registry within five days of the date the tenant filed a pauper's affidavit as required by Rule 749b(1), Texas Rules of Civil Procedure, and Section 24.0053, the justice court has provided the written notice required by Section 24.0053(a-1), and the justice court has not yet forwarded the transcript and original papers to the county court as provided by Subsection (a-2). Makes nonsubstantive changes.
(a-1) Requires the sheriff, the constable, or another law enforcement officer to execute a writ of possession under Subsection (a) in accordance with Sections 24.0061(d) (relating to certain procedures for an officer executing a writ of possession) through (h). Makes conforming and nonsubstantive changes.
(a-2) Requires the justice court, if the justice court issues a writ of possession under this section, to forward the transcript and original papers in the eviction case to the county court for trial de novo to resolve any remaining issues in the case, such as rent or attorney's fees, notwithstanding the fact that the writ has been issued or executed.
Deletes existing text requiring the justice court to forward the transcript and original papers in an appeal of an eviction case to the county court but prohibiting it from forwarding the transcript and original papers before the sixth day after the date the tenant files a pauper's affidavit, except that, if the court confirms that the tenant has timely paid the initial deposit of rent into the justice court registry in accordance with Section 24.0053, the court is authorized to forward the transcript and original papers immediately. Deletes existing text requiring the justice court, on request, if the tenant has not timely paid the initial deposit into the justice court registry, to issue a writ of possession notwithstanding the fact that the tenant has perfected an appeal by filing a pauper's affidavit that has been approved by the court. Deletes existing text requiring the justice court to forward the transcript and original papers in the case to the county court for trial de novo, notwithstanding the fact that a writ of possession under this section has already been issued.
(f) Deletes existing text requiring the court, after notice and hearing, to grant the motion if the landlord proves by credible evidence that the landlord is not able to take reasonable action that will cause the agency to resume making the payments of its portion of the total rent due under the rental agreement. Makes conforming and nonsubstantive changes.
(g) Prohibits the county court, for the purpose of the county court's determination whether to grant the plaintiff's motion under Subsection (f), from considering the plaintiff's pursuit of the eviction process to be a cause of the agency ceasing to make the payments or paying the wrong amount.
SECTION 14. Amends Sections 24.006(a), (b), and (c), Property Code, as follows:
(a) Requires the person seeking to recover possession of a premises, rather than a landlord, except as provided by Subsection (b), to be eligible to recover attorney's fees in an eviction suit, to give an occupant, rather than a tenant, who is unlawfully retaining possession of the premises a written demand to vacate the premises. Makes conforming changes.
(b) Provides that, if a person seeking to recover possession of the premises provides the occupant notice under Subsection (a) or if the person is a landlord under a written lease that entitles the landlord to recover attorney's fees, the person, rather than a prevailing landlord, is entitled to recover reasonable attorney's fees if the person prevails in the eviction suit, rather than recover reasonable attorney's fees from the tenant. Makes conforming and nonsubstantive changes.
(c) Provides that, if a person seeking to recover possession of the premises is a landlord under a written lease that entitles the landlord or the tenant to recover attorney's fees, the tenant is entitled to recover reasonable attorney's fees from the landlord if the tenant prevails in the eviction suit. Deletes existing text providing that if the landlord provides the prevailing tenant notice under Subsection (a), a written lease entitles the landlord or the tenant to recover attorney's fees, the prevailing tenant is entitled to recover reasonable attorney's fees from the landlord. Makes a conforming change.
SECTION 15. Amends Sections 24.0061(a), (b), (c), (d), (d-1), (e), (f), (h), and (i), Property Code, as follows:
(a) Redefines "premises." Makes a conforming change.
(b) Provides that a writ of possession is prohibited from being issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure, rather than under the Texas Rules of Civil Procedure and judgment for possession is thereafter granted by default. Prohibits a writ of possession, if judgment in favor of the plaintiff is entered by summary disposition under Section 24.005106, from being issued before the day after the date of the judgment. Provides that the writ of possession is authorized to be served by a sheriff, constable, or other law enforcement officer, including an off-duty law enforcement officer retained by the plaintiff for that purpose.
(c)-(f) Makes conforming changes to these subsections.
(h) Authorizes an officer, rather than a sheriff or constable, to use reasonable force in executing a writ under this section.
(i) Provides that a plaintiff is not liable for damages to the defendant resulting from the enforcement of a judgment in favor of the plaintiff under this chapter including the execution of a writ of possession by an officer under this section. Makes conforming changes.
SECTION 16. Amends Sections 24.0062(a), (b), (d), (e), (g), and (i), Property Code, to make conforming changes.
SECTION 17. Amends Section 24.011, Property Code, as follows:
Sec. 24.011. NONLAWYER REPRESENTATION. (a) Authorizes the parties in an eviction suit in justice court to represent themselves or be represented by their authorized agents, who need not be attorneys.
Deletes existing text authorizing the parties in eviction suits in justice court for nonpayment of rent or holding over beyond a rental term to represent themselves or be represented by their authorized agents, who need not be attorneys. Deletes existing text providing that, in any eviction suit in justice court, an authorized agent requesting or obtaining a default judgment need not be an attorney.
(b) Deletes existing text authorizing an owner of a multifamily residential property, in an appeal of an eviction suit for nonpayment of rent in a county or district court, if the owner is a corporation or other entity to be represented, by an employee, owner, officer, or partner of the entity, who need not be an attorney. Makes a nonsubstantive change.
SECTION 18. Amends Chapter 24, Property Code, by adding Section 24.012, as follows:
Sec. 24.012. MUNICIPAL OR COUNTY SUPPORT FOR TENANTS IN EVICTION PROCESS. (a) Requires a municipality or county that funds a legal aid service or organization to provide information, advice, or representation to eligible tenants in the eviction process to provide an equal amount of funding to pay for relocation assistance for tenants.
(b) Requires that relocation assistance provided to a tenant under Subsection (a) be in a sufficient amount to enable the tenant to move out of the premises from which the tenant is being evicted, including the tenant's moving expenses, a security deposit, if one is required, and one month's rent.
SECTION 19. Repealers: Section 24.002(b) (relating to the requirement that a demand for possession be made in writing and comply with certain requirements for notice to vacate) and Section 24.005(c) (relating to the requirement that a landlord give certain occupants at least three days' written notice to vacate before filing a forcible detainer suit), Property Code.
Repealers: Sections (d) (relating to the requirement to give an occupant oral or written notice to vacate before filing a detainer suit) and (f) (relating to acceptable methods to provide a notice to vacate), Property Code.
Repealers: Sections 24.005 (f-1) (relating to certain alternative procedures to deliver the notice to vacate) and (f-2) (relating to the date a notice to vacate is considered delivered), Property Code.
Repealers: Sections 24.005 (h) (relating to considering a notice to vacate as equivalent to a demand for possession for certain purposes) and (i) (relating to a landlord's authority to include in a notice to vacate a demand that the tenant pay delinquent rent or vacate the premises by a certain date and time), Property Code.
Repealers: Section 24.0053(a-4) (relating to a plaintiff's authority in an eviction suit to withdraw money deposited in the court registry in certain circumstances) and Section 24.0054(a-3) (relating to prohibiting the justice court from issuing a write of possession if the tenant has timely deposited a certain portion of the tenant's rent), Property Code.
Repealers: Sections 24.0054 (a-4) (relating to a landlord's authority to file a sworn motion that the tenant failed to pay rent during an appeal of an eviction case for nonpayment of rent) and (b) (relating to the requirement that, upon finding that the tenant has not complied with certain payment requirements and unless other certain payments are made, the county court issue a writ of possession), Property Code.
Repealers: Sections 24.0054 (c) (relating to certain requirements if the court finds that a tenant has failed to pay the rent into the court registry on more than one occasion) and (d) (relating to a prohibition on executing a writ of possession under certain circumstances before the sixth day after the date the writ is issued), Property Code.
Repealer: Section 24.0054 (e) (relating to the authority of the parties involved in certain eviction cases to represent themselves or be represented by others that need not be attorneys), Property Code.
SECTION 20. Makes application of this Act prospective.
SECTION 21. Effective date: September 1, 2025.