Texas 2025 - 89th Regular

Texas Senate Bill SB38 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt, et al. S.B. No. 38
2		-
3		-
	2	+	(In the Senate - Filed March 14, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 1, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 1; April 1, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 38 By: Bettencourt
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the eviction from real property of certain persons not
9	14		entitled to enter, occupy, or remain in possession of the premises.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 24.004, Property Code, is amended by
12	17		amending Subsection (a) and adding Subsection (c) to read as
13	18		follows:
14	19		(a) Except as provided by Subsection (b), a justice court in
15	20		the precinct in which the real property is located or to which the
16	21		suit is transferred under Section 24.0041 has jurisdiction in an
17	22		eviction suit [suits]. Eviction suits include forcible entry and
18	23		detainer and forcible detainer suits. A justice court has
19	24		jurisdiction to issue a writ of possession under this chapter
20	25		[Sections 24.0054(a), (a-2), and (a-3)].
21	26		(c) A justice court in which a petition is filed under
22	27		Section 24.00505 must adjudicate the right to actual possession of
23	28		the premises. The justice court may not adjudicate title to the
24	29		premises. Counterclaims and the joinder of suits against third
25	30		parties are not permitted in eviction suits. This subsection does
26	31		not preclude a claim that may not be asserted under this subsection
27	32		from being brought in a separate suit in a court of proper
28	33		jurisdiction.
29	34		SECTION 2. Chapter 24, Property Code, is amended by adding
30	35		Sections 24.0041, 24.0042, and 24.0043 to read as follows:
31	36		Sec. 24.0041. VENUE. (a) An eviction suit must be brought
32	37		in the justice precinct in which the real property is located. On
33	38		the motion of the plaintiff, the justice court shall transfer the
34	39		eviction suit to a justice court in an adjacent precinct in the
35	40		county in which the real property is located if:
36	41		(1) the sheriff or constable is unable to serve the
37		-	citation on the defendant on or before the ~~fifth~~ business day after
	42	+	citation on the defendant on or before the third business day after
38	43		the date the petition is filed;
39	44		(2) the justice court is unable to conduct the trial of
40	45		the eviction suit on or before the 21st day after the date the
41	46		petition is filed; or
42	47		(3) any other sufficient cause exists, as determined
43	48		by the justice court.
44	49		(b) If the justice court finds sufficient cause for a change
45	50		in venue under this section, the eviction suit must be transferred
46	51		to the justice court identified by the plaintiff in the plaintiff's
47	52		motion. On granting the motion, the justice court shall
48	53		immediately forward the transcript and original papers in the case,
49	54		by electronic means or otherwise, to the clerk of the justice court
50	55		to which the suit is transferred.
51	56		(c) On a transfer of an eviction suit under this section,
52	57		the justice court to which the suit is transferred may not require
53	58		the plaintiff to pay:
54	59		(1) any additional filing fees; or
55	60		(2) an additional service fee, unless additional
56	61		service is required.
57	62		Sec. 24.0042. COMPUTATION OF TIME. A period of time
58	63		prescribed by this chapter:
59	64		(1) does not include the day of the event that begins
60	65		the period;
61	66		(2) includes Saturdays, Sundays, and state or federal
62	67		holidays;
63	68		(3) includes the last day of the period; and
64	69		(4) if the last day of the period is a Saturday,
65	70		Sunday, or state or federal holiday, is extended so that the last
66	71		day of the period is the next day that is not a Saturday, Sunday, or
67	72		state or federal holiday.
68	73		Sec. 24.0043. AUTHORITY TO MODIFY OR SUSPEND EVICTION
69	74		PROCEDURES. (a) Except as provided by Subsection (b) but
70	75		notwithstanding any other law, including Section 22.004,
71	76		Government Code, only the legislature may modify or suspend
72	77		procedures prescribed by this chapter.
73	78		(b) This section does not affect the authority of the
74	79		supreme court to modify or suspend certain provisions for the
75	80		conduct of any court proceedings affected by a disaster under
76	81		Section 22.0035(b), Government Code, but such a modification or
77	82		suspension may be applied to an eviction suit only if:
78	83		(1) the modification or suspension is applicable to
79	84		all courts similarly affected by the disaster without regard to the
80	85		subject matter of an action; and
81	86		(2) any request for the modification or suspension is
82	87		made in writing and available to the public.
83	88		SECTION 3. The heading to Section 24.005, Property Code, is
84	89		amended to read as follows:
85	90		Sec. 24.005. NOTICE REQUIRED BEFORE [TO VACATE PRIOR TO]
86	91		FILING CERTAIN EVICTION SUITS [SUIT].
87	92		SECTION 4. Section 24.005, Property Code, is amended by
88	93		amending Subsections (a) and (e) and adding Subsections (c-1),
89	94		(f-3), and (f-4) to read as follows:
90	95		(a) If the occupant is a tenant under a written lease or oral
91	96		rental agreement, the landlord must give a tenant who defaults or
92	97		holds over beyond the end of the rental term or renewal period at
93	98		least three days' written notice to vacate the premises before the
94	99		landlord files a forcible detainer suit, unless the parties have
95	100		contracted for a shorter or longer notice period in a written lease
96	101		or agreement. In a forcible detainer suit against a tenant whose
97	102		right of possession is terminated based on nonpayment of rent,
98	103		written notice under this section shall be given in the form of
99	104		either a notice to pay rent or vacate or a notice to vacate. A
100	105		landlord who files a forcible detainer suit on grounds that the
101	106		tenant is holding over beyond the end of the rental term or renewal
102	107		period must also comply with the tenancy termination requirements
103	108		of Section 91.001.
104	109		(c-1) If a federal law or rule requires a landlord to give
105	110		notice to a tenant before the landlord requires the tenant to vacate
106	111		the premises:
107	112		(1) a landlord that satisfies the notice requirements
108	113		of this section is not required to delay the filing of an eviction
109	114		suit based on the federal requirement;
110	115		(2) the federal requirement is not a basis for a court
111	116		to delay or abate the conduct of the eviction suit; and
112	117		(3) a writ of possession may not be served on the
113	118		tenant until the period between the delivery of the notice under
114	119		this section and the service of the writ equals or exceeds the
115	120		period prescribed by the federal requirement.
116	121		(e) If the lease or applicable state or federal law or rule
117	122		requires a [the] landlord to give a tenant an opportunity to respond
118	123		to a notice of proposed eviction before filing an eviction suit:
119	124		(1) the notice period in a notice to pay rent or vacate
120	125		or[, a] notice to vacate under Subsection (a) may, at the landlord's
121	126		discretion, run concurrently with [not be given until] the period
122	127		provided for the tenant to respond to the notice of proposed
123	128		eviction; and
124	129		(2) the notice to pay rent or vacate or notice to
125	130		vacate may include the required opportunity to respond to the
126	131		notice of proposed eviction [notice has expired].
127		-	(f-3) A notice required by this section must be delivered
128		-	using at least one of the following methods:
129		-	(1) mail, including first class mail, registered mail,
130		-	certified mail, or a delivery service;
131		-	(2) delivery to the inside of the premises;
132		-	(3) hand delivery to any tenant of the premises; or
133		-	(4) if the parties have agreed in writing, electronic
134		-	communication, including e-mail or other electronic means.
	132	+	(f-3) A notice required by this section must be delivered:
	133	+	(1) in any manner the parties agree to in writing; or
	134	+	(2) if no agreement is made in writing:
	135	+	(A) in any other manner in which the tenant has
	136	+	communicated in writing with the landlord, including by electronic
	137	+	means; or
	138	+	(B) if the tenant has not communicated in writing
	139	+	with the landlord, in a manner reasonably expected to provide
	140	+	actual notice.
135	141		(f-4) Subsection (f-3) does not apply if the tenant actually
136	142		receives the notice.
137	143		SECTION 5. Chapter 24, Property Code, is amended by adding
138	144		Sections 24.00505 and 24.00506 to read as follows:
139		-	Sec. 24.00505. PETITION. To initiate an eviction suit, a
140		-	sworn petition must be filed with the court. The petition must
	145	+	Sec. 24.00505. PETITION. (a) To initiate an eviction suit,
	146	+	a sworn petition must be filed with the court. The petition must
141	147		include the contents required by the Texas Rules of Civil
142	148		Procedure.
	149	+	(b) A landlord that satisfies the petition requirements of
	150	+	this section is not required to prove that the landlord complied
	151	+	with any presuit requirement unless the tenant specifically denies
	152	+	that the requirement was satisfied.
143	153		Sec. 24.00506. RULES OF COURT. (a) A court may adopt local
144	154		rules, forms, or standing orders for eviction suits in accordance
145	155		with the Texas Rules of Civil Procedure.
146	156		(b) A court may not adopt local rules, forms, or standing
147	157		orders for eviction suits that:
148	158		(1) require content in or with the petition other than
149	159		the content required by the Texas Rules of Civil Procedure;
150	160		(2) require any mediation, pretrial conference, or
151	161		other proceeding before trial; or
152	162		(3) authorize the dismissal of an eviction suit on the
153	163		basis that the petition is improper if the petition:
154	164		(A) meets the requirements of the Texas Rules of
155	165		Civil Procedure; or
156	166		(B) can be amended to meet the requirements of
157	167		the Texas Rules of Civil Procedure.
158	168		SECTION 6. Section 24.0051, Property Code, is amended to
159	169		read as follows:
160	170		Sec. 24.0051. PROCEDURES APPLICABLE IN SUIT TO EVICT AND
161	171		RECOVER UNPAID RENT. (a) In a suit filed in justice court in which
162	172		the landlord files a sworn petition [statement] seeking judgment
163	173		against a tenant for possession of the premises and unpaid rent,
164	174		personal service on the tenant or service on the tenant under the
165	175		[Rule 742a,] Texas Rules of Civil Procedure[,] is procedurally
166	176		sufficient to support a default judgment for possession of the
167	177		premises and unpaid rent.
168	178		(b) A landlord may recover unpaid rent under this section
169	179		regardless of whether the tenant vacated the premises after the
170	180		date the landlord filed the sworn petition [statement] and before
171	181		the date the court renders judgment.
172	182		(c) In a suit to recover possession of the premises, whether
173	183		or not unpaid rent is claimed, the citation [required by Rule 739,
174	184		Texas Rules of Civil Procedure,] must include the following notice
175	185		to the tenant [defendant]:
176	186		FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING
177	187		ENTERED AGAINST YOU.
178	188		(d) In a suit described by Subsection (c), the citation
179	189		[required by Rule 739, Texas Rules of Civil Procedure,] must
180	190		include the following notice to the tenant [defendant] on the first
181	191		page of the citation in English and Spanish and in conspicuous bold
182	192		print:
183	193		SUIT TO EVICT
184	194		THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT
185	195		WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR
186	196		RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE
187	197		SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET
188	198		SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.
189	199		CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED
190	200		HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN
191	201		ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
192	202		ASSISTANCE.
193	203		(e) If the landlord files a motion for summary disposition
194	204		under Section 24.005106 with the petition, the citation must
195	205		include the following notice to the tenant on the first page of the
196	206		citation in English and Spanish and in conspicuous bold print:
197	207		THE PETITION INCLUDES A MOTION FOR SUMMARY DISPOSITION. IF
198	208		THE MOTION SHOWS THERE ARE NO GENUINELY DISPUTED FACTS THAT WOULD
199	209		PREVENT A JUDGMENT IN FAVOR OF THE LANDLORD, THE COURT MAY ENTER
200	210		JUDGMENT IN FAVOR OF THE LANDLORD WITHOUT A TRIAL UNLESS:
201	211		(1) NOT LATER THAN THE FOURTH DAY AFTER YOU ARE SERVED
202	212		WITH THE LANDLORD'S SWORN PETITION, YOU FILE A RESPONSE SETTING OUT
203	213		SUPPORTING FACTS AND ANY APPLICABLE DOCUMENTS ON WHICH YOUR
204	214		RESPONSE RELIES; AND
205	215		(2) THE JUSTICE COURT DETERMINES THAT SERVICE ON YOU
206	216		WAS PROPER AND, BASED ON THE LANDLORD'S SWORN PETITION AND YOUR
207	217		RESPONSE, THERE ARE GENUINELY DISPUTED FACTS THAT WOULD PREVENT A
208	218		JUDGMENT IN FAVOR OF THE LANDLORD.
209	219		(f) A sheriff or constable, including a deputy sheriff or
210	220		deputy constable, shall make a diligent effort to serve the
211		-	citation and petition not later than the ~~fifth~~ business day after
	221	+	citation and petition not later than the third business day after
212	222		the date the petition is filed. If the citation and petition are
213		-	not served on or before the ~~fifth~~ business day after the date the
	223	+	not served on or before the third business day after the date the
214	224		petition is filed, the landlord may, but is not obligated to,
215	225		provide for the citation and petition to be served by any other law
216	226		enforcement officer, including an off-duty officer, that has
217	227		received appropriate training in the service of process, eviction
218	228		procedures, and the execution of writs, as determined by the Texas
219	229		Commission on Law Enforcement.
220	230		(g) The court:
221	231		(1) shall, subject to this subsection, hold the trial
222	232		of an eviction suit on a date that is not earlier than the 10th day
223	233		or later than the 21st day after the date the petition is filed;
224	234		(2) may not hold the trial on a date that is earlier
225	235		than the fourth day after the date the tenant is served with the
226	236		petition; and
227	237		(3) may not postpone the date of a trial for more than
228	238		seven days unless the parties agree to the postponement in writing.
229	239		SECTION 7. Chapter 24, Property Code, is amended by adding
230	240		Sections 24.005105, 24.005106, and 24.005107 to read as follows:
231	241		Sec. 24.005105. ELECTRONIC PROCEEDINGS. If the parties
232	242		agree, a justice court may allow the parties in an eviction suit to
233	243		appear at a court proceeding in the suit by videoconference,
234	244		teleconference, or other available electronic means.
235	245		Sec. 24.005106. SUMMARY DISPOSITION AND TRIAL. (a) A
236	246		landlord that files a sworn petition under Section 24.00505 may
237	247		include with the petition a sworn motion for summary disposition
238	248		without trial. The motion must set out all supporting facts, and
239	249		documents on which the motion relies must be attached. If the
240	250		motion shows that there are no genuinely disputed facts that would
241	251		prevent a judgment in favor of the landlord, the court may enter
242	252		judgment in favor of the landlord without a trial unless:
243	253		(1) not later than the fourth day after the date the
244	254		tenant is served with the landlord's sworn petition, the tenant
245	255		files a response setting out supporting facts, and providing any
246	256		applicable documents, on which the response relies; and
247	257		(2) the justice court determines that service on the
248	258		tenant was proper and, based on the landlord's sworn petition and
249	259		the tenant's response, if any, there are genuinely disputed facts
250	260		that would prevent a judgment in favor of the landlord.
251	261		(b) The justice court:
252	262		(1) may enter judgment for the landlord regardless of
253	263		the tenant's response if the response does not show there is a
254	264		genuinely disputed fact that would prevent judgment in favor of the
255	265		landlord; and
256	266		(2) may consider a response filed by the tenant later
257	267		than the fourth day after the date the tenant was served with the
258	268		landlord's sworn petition and motion if the response shows there is
259	269		a genuinely disputed fact that would prevent judgment in favor of
260	270		the landlord and the tenant has filed the response before judgment
261	271		has been entered.
262	272		(c) If the justice court determines that there are genuinely
263	273		disputed facts that would prevent a judgment in favor of the
264	274		landlord, the justice court shall set a trial date that is not
265	275		earlier than the 10th day and not later than the 21st day after the
266		-	date the petition is filed by the landlord. The justice court may
267		-	immediately set the case for trial upon the tenant's request for a
268		-	trial in response to a motion for summary disposition.
	276	+	date the petition is filed by the landlord.
269	277		(d) A judgment on summary disposition under this section has
270	278		the same effect as any other judgment in an eviction suit.
271	279		Sec. 24.005107. APPEAL TO COUNTY COURT. (a) A party may
272	280		appeal the judgment of a justice court in an eviction suit by filing
273	281		a bond, cash deposit, or statement of inability to afford payment of
274	282		court costs with the justice court not later than the fifth day
275	283		after the date the judgment is signed. A tenant who files an appeal
276	284		must affirm, under penalty of perjury, the tenant's good faith
277	285		belief that the tenant has a meritorious defense and that the appeal
278	286		is not for the purpose of delay. An appeal is perfected when a bond,
279	287		cash deposit, or statement of inability to afford payment of court
280	288		costs is timely filed with the justice court in accordance with this
281	289		section.
282	290		(b) The justice court shall forward the transcript and
283	291		original papers in an appeal of an eviction case to the county
284	292		court, by electronic means or otherwise, not earlier than 4 p.m. on
285	293		the sixth day or later than 4 p.m. on the 10th day after the date the
286	294		tenant files the appeal, except that, if the court confirms that the
287	295		tenant has timely paid the initial rent payment into the justice
288	296		court registry in accordance with Section 24.0053, the court may
289	297		forward the transcript and original papers immediately.
290	298		(c) The county court shall hold a trial not later than the
291	299		21st day after the date the transcript and original papers are
292	300		delivered to the county court.
293	301		SECTION 8. Section 24.00511(a), Property Code, is amended
294	302		to read as follows:
295	303		(a) In a residential eviction suit [for nonpayment of rent],
296	304		the justice court shall state in the court's judgment the amount of
297	305		the appeal bond, taking into consideration the money required to be
298	306		paid into the court registry under Section 24.0053.
299	307		SECTION 9. Section 24.00512(f), Property Code, is amended
300	308		to read as follows:
301	309		(f) If an appeal of a decision disapproving the appeal bond
302	310		is filed, the justice court shall transmit to the county court the
303	311		contest to the appeal bond and all relevant documents. The county
304	312		court shall docket the appeal, schedule a hearing to be held not
305	313		later than the fifth day after the date the appeal is docketed,
306	314		notify the parties and the surety of the hearing time and date, and
307	315		hear the contest de novo. The failure of the county court to hold a
308	316		timely hearing is not grounds for approval or denial of the appeal.
309	317		A writ of possession may not be issued before the county court
310	318		issues a final decision on the appeal bond, except as provided by
311	319		Section 24.0054.
312	320		SECTION 10. Section 24.0052, Property Code, is amended to
313	321		read as follows:
314	322		Sec. 24.0052. TENANT APPEAL ON STATEMENT OF INABILITY TO
315	323		AFFORD PAYMENT OF COURT COSTS [PAUPER'S AFFIDAVIT]. (a) If a
316	324		tenant in a residential eviction suit is unable to pay the costs of
317	325		appeal or file an appeal bond as required by the Texas Rules of
318	326		Civil Procedure, the tenant may appeal the judgment of the justice
319	327		court by filing with the justice court, not later than the fifth day
320	328		after the date the judgment is signed, a statement of inability to
321	329		afford payment of court costs [pauper's affidavit] sworn before the
322	330		clerk of the justice court or a notary public that states that the
323	331		tenant is unable to pay the costs of appeal or file an appeal bond.
324	332		The statement [affidavit] must contain the following information:
325	333		(1) the tenant's identity;
326	334		(2) the nature and amount of the tenant's employment
327	335		income;
328	336		(3) the income of the tenant's spouse, if applicable
329	337		and available to the tenant;
330	338		(4) the nature and amount of any governmental
331	339		entitlement income of the tenant;
332	340		(5) all other income of the tenant;
333	341		(6) the amount of available cash and funds available
334	342		in savings or checking accounts of the tenant;
335	343		(7) real and personal property owned by the tenant,
336	344		other than household furnishings, clothes, tools of a trade, or
337	345		personal effects;
338	346		(8) the tenant's debts and monthly expenses; and
339	347		(9) the number and age of the tenant's dependents and
340	348		where those dependents reside.
341	349		(b) The justice court shall make available a [an affidavit]
342	350		form that a person may use to comply with the requirements of
343	351		Subsection (a).
344	352		(c) The justice court shall promptly notify the landlord if
345	353		a statement described by Subsection (a) [pauper's affidavit] is
346	354		filed by the tenant.
347	355		(d) A landlord may contest a statement filed under this
348	356		section [pauper's affidavit] on or before the fifth day after the
349	357		date the statement [affidavit] is filed. If the landlord contests
350	358		the statement [affidavit], the justice court shall notify the
351	359		parties and hold a hearing to determine whether the tenant is unable
352	360		to pay the costs of appeal or file an appeal bond. The hearing shall
353	361		be held not later than the fifth day after the date the landlord
354	362		notifies the court clerk of the landlord's contest. At the hearing,
355	363		the tenant has the burden to prove by competent evidence, including
356	364		documents or credible testimony of the tenant or others, that the
357	365		tenant is unable to pay the costs of appeal or file an appeal bond.
358	366		(e) If the justice court approves a statement filed by [the
359	367		pauper's affidavit of] a tenant under this section, the tenant is
360	368		not required to pay the county court filing fee or file an
361	369		additional statement [affidavit] in the county court under
362	370		Subsection (a).
363	371		SECTION 11. Section 24.0053, Property Code, is amended by
364	372		amending Subsections (a), (a-1), (a-2), (a-3), (b), (c), (d), and
365	373		(e) and adding Subsection (a-5) to read as follows:
366	374		(a) If the justice court enters judgment for the landlord in
367	375		a residential eviction case [based on nonpayment of rent], the
368	376		court shall determine the amount of rent to be paid each rental pay
369	377		period during the pendency of any appeal and shall note that amount
370	378		in the judgment. If a portion of the rent is payable by a government
371	379		agency, the court shall determine and note in the judgment the
372	380		portion of the rent to be paid by the government agency and the
373	381		portion to be paid by the tenant. The court's determination shall
374	382		be in accordance with the terms of the rental agreement and
375	383		applicable laws and regulations. If there is no rental agreement,
376	384		the court shall determine:
377	385		(1) the rental pay period; and
378	386		(2) the amount of rent to be paid by the tenant in each
379	387		rental pay period, which must be the greater of:
380	388		(A) $250; or
381	389		(B) the fair market rent, if determined by the
382	390		court. [This subsection does not require or prohibit payment of
383	391		rent into the court registry or directly to the landlord during the
384	392		pendency of an appeal of an eviction case based on grounds other
385	393		than nonpayment of rent.]
386	394		(a-1) If [In an eviction suit for nonpayment of rent, if] a
387	395		tenant files an appeal of a justice court's judgment in an eviction
388	396		suit [a pauper's affidavit in the period prescribed by Section
389	397		24.0052 or an appeal bond pursuant to the Texas Rules of Civil
390	398		Procedure], the justice court shall provide to the tenant a written
391	399		notice at the time the [pauper's affidavit or] appeal [bond] is
392	400		filed that contains the following information in bold or
393	401		conspicuous type:
394	402		(1) the amount of [the initial deposit of] rent stated
395	403		in the judgment that the tenant must pay into the justice court or
396	404		county court registry, as applicable, during the pendency of the
397	405		appeal;
398	406		(2) whether the rent [initial deposit] must be paid in
399	407		cash, cashier's check, or money order, and to whom the cashier's
400	408		check or money order, if applicable, must be made payable;
401	409		(3) the calendar date by which the rent [initial
402	410		deposit] must be paid into the justice court or county court
403	411		registry, as applicable;
404	412		(4) for a court that closes before 5 p.m. on the date
405	413		specified by Subdivision (3), the time the court closes; and
406	414		(5) a statement that failure to pay the required
407	415		amount into the justice court or county court registry, as
408	416		applicable, by the date prescribed by Subdivision (3) may result in
409	417		the justice court or county court issuing a writ of possession
410	418		without a hearing.
411	419		(a-2) The tenant shall:
412	420		(1) not later than the fifth day after the date the
413	421		tenant files the appeal, pay rent for one rental pay period into the
414	422		justice court registry; and
415	423		(2) on or before the beginning of each rental pay
416	424		period during the pendency of the appeal, pay rent for one rental
417	425		pay period into the justice court or county court registry, as
418	426		applicable, according to the court in which the case is pending at
419	427		the time of payment [The date by which an initial deposit must be
420	428		paid into the justice court registry under Subsection (a-1)(3) must
421	429		be within five days of the date the tenant files the pauper's
422	430		affidavit as required by the Texas Rules of Civil Procedure].
423	431		(a-3) The justice court or county court, as applicable,
424	432		shall disburse rent paid into the justice court or county court
425	433		registry to the landlord on request at any time during or after the
426	434		pendency of the appeal [If a tenant files an appeal bond to appeal
427	435		an eviction for nonpayment of rent, the tenant must, not later than
428	436		the fifth day after the date the tenant filed the appeal bond, pay
429	437		into the justice court registry the amount of rent to be paid in one
430	438		rental pay period as determined by the court under Subsection (a).
431	439		If the tenant fails to timely pay that amount into the justice court
432	440		registry and the transcript has not yet been transmitted to the
433	441		county court, the plaintiff may request a writ of possession. On
434	442		request and payment of the applicable fee, the justice court shall
435	443		issue the writ of possession immediately and without a hearing.
436	444		Regardless of whether a writ of possession is issued, the justice
437	445		court shall transmit the transcript and appeal documents to the
438	446		county court for trial de novo on issues relating to possession,
439	447		rent, or attorney's fees].
440	448		(a-5) A tenant's payment of rent into a court registry under
441	449		this section relieves the tenant of the obligation to pay rent to
442	450		the landlord only for the rental pay period for which the payment is
443	451		made.
444	452		(b) [If an eviction case is based on nonpayment of rent and
445	453		the tenant appeals by filing a pauper's affidavit, the tenant shall
446	454		pay the rent, as it becomes due, into the justice court or the
447	455		county court registry, as applicable, during the pendency of the
448	456		appeal, in accordance with the Texas Rules of Civil Procedure and
449	457		Subsection (a).] If a government agency is responsible for all or a
450	458		portion of the rent under an agreement with the landlord, the tenant
451	459		shall pay only that portion of the rent determined by the justice
452	460		court under Subsection (a) to be paid by the tenant during appeal,
453	461		subject to either party's right to contest that determination under
454	462		Subsection (c).
455	463		(c) If [an eviction case is based on nonpayment of rent and]
456	464		the tenant's rent during the rental agreement term has been paid
457	465		wholly or partly by a government agency, either party may contest
458	466		the portion of the rent that the justice court determines must be
459	467		paid into the county court registry by the tenant under this
460	468		section. The contest must be filed on or before the fifth day after
461	469		the date the justice signs the judgment. If a contest is filed, not
462	470		later than the fifth day after the date the contest is filed the
463	471		justice court shall notify the parties and hold a hearing to
464	472		determine the amount owed by the tenant in accordance with the terms
465	473		of the rental agreement and applicable laws and regulations. After
466	474		hearing the evidence, the justice court shall determine the portion
467	475		of the rent that must be paid by the tenant under this section.
468	476		(d) [If the tenant objects to the justice court's ruling
469	477		under Subsection (c) on the portion of the rent to be paid by the
470	478		tenant during appeal, the tenant shall be required to pay only the
471	479		portion claimed by the tenant to be owed by the tenant until the
472	480		issue is tried de novo along with the case on the merits in county
473	481		court.] During the pendency of the appeal, either party may file a
474	482		motion with the county court to reconsider the amount of the rent
475	483		that must be paid by the tenant into the registry of the court.
476	484		(e) If either party files a contest under Subsection (c) and
477	485		the tenant files a statement of inability to afford payment of court
478	486		costs [pauper's affidavit] that is contested by the landlord under
479	487		Section 24.0052(d), the justice court shall hold the hearing on
480	488		both contests at the same time.
481	489		SECTION 12. Sections 24.0054(a), (a-1), (a-2), and (f),
482	490		Property Code, are amended to read as follows:
483	491		(a) During an appeal of an eviction case [for nonpayment of
484	492		rent], the justice court or county court, as applicable, on request
485	493		shall immediately issue a writ of possession, without hearing, if[:
486	494		[(1)] a tenant fails to pay [the initial] rent
487	495		[deposit] into the appropriate [justice] court registry [within
488	496		five days of the date the tenant filed a pauper's affidavit] as
489	497		required by [Rule 749b(1), Texas Rules of Civil Procedure, and]
490	498		Section 24.0053 and[;
491	499		[(2)] the justice court has provided the written
492	500		notice required by Section 24.0053(a-1)[; and
493	501		[(3) the justice court has not yet forwarded the
494	502		transcript and original papers to the county court as provided by
495	503		Subsection (a-2)].
496	504		(a-1) The sheriff, the [or] constable, or another law
497	505		enforcement officer shall execute a writ of possession under
498	506		Subsection (a) in accordance with Sections 24.0061(d) through (h).
499	507		The landlord shall bear the costs of issuing and executing the writ
500	508		of possession.
501	509		(a-2) If the justice court issues a writ of possession under
502	510		this section, the [The justice court shall forward the transcript
503	511		and original papers in an appeal of an eviction case to the county
504	512		court but may not forward the transcript and original papers before
505	513		the sixth day after the date the tenant files a pauper's affidavit,
506	514		except that, if the court confirms that the tenant has timely paid
507	515		the initial deposit of rent into the justice court registry in
508	516		accordance with Section 24.0053, the court may forward the
509	517		transcript and original papers immediately. If the tenant has not
510	518		timely paid the initial deposit into the justice court registry,
511	519		the justice court on request shall issue a writ of possession
512	520		notwithstanding the fact that the tenant has perfected an appeal by
513	521		filing a pauper's affidavit that has been approved by the court.
514	522		The] justice court shall forward the transcript and original papers
515	523		in the eviction case to the county court for trial de novo to
516	524		resolve any remaining issues in the case, such as rent or attorney's
517	525		fees, notwithstanding the fact that the [a] writ [of possession
518	526		under this section] has [already] been issued or executed.
519	527		(f) During the appeal of an eviction case, if a government
520	528		agency is responsible for payment of a portion of the rent and does
521	529		not pay that portion to the landlord or into the justice court or
522	530		county court registry, the landlord may file a motion with the
523	531		county court requesting that the tenant be required to pay into the
524	532		county court registry, as a condition of remaining in possession,
525	533		the full amount of each rental period's rent, as it becomes due
526	534		under the rental agreement. After notice and hearing, the court
527	535		shall grant the motion if the landlord proves by credible evidence
528	536		that:
529	537		(1) a portion of the rent is owed by a government
530	538		agency;
531	539		(2) the portion of the rent owed by the government
532	540		agency is unpaid;
533	541		(3) the landlord did not cause wholly or partly the
534	542		agency to cease making the payments; and
535	543		(4) the landlord did not cause wholly or partly the
536	544		agency to pay the wrong amount[; and
537	545		[(5) the landlord is not able to take reasonable
538	546		action that will cause the agency to resume making the payments of
539	547		its portion of the total rent due under the rental agreement].
540	548		SECTION 13. Section 24.0061, Property Code, is amended by
541	549		amending Subsections (a), (b), (c), (h), and (i) and adding
542	550		Subsection (b-1) to read as follows:
543	551		(a) A landlord who prevails in an eviction suit is entitled
544	552		to a judgment for possession of the premises and a writ of
545	553		possession. In this chapter, "premises" means:
546	554		(1) a [the] unit that is occupied or rented; and
547	555		(2) [and] any outside area or facility:
548	556		(A) that a [the] tenant is entitled to use under a
549	557		written lease or oral rental agreement;
550	558		(B) [, or] that is held out for the use of tenants
551	559		generally; and
552	560		(C) that is occupied by or in the possession of
553	561		the person against whom the eviction suit is filed.
554	562		(b) A writ of possession may not be issued before the sixth
555	563		day after the date on which the judgment for possession is rendered
556	564		unless a possession bond has been filed and approved under the Texas
557	565		Rules of Civil Procedure [and judgment for possession is thereafter
558	566		granted by default].
559	567		(b-1) The issuance of a writ of possession is a ministerial
560	568		act not subject to review or delay. A sheriff or constable,
561	569		including a deputy sheriff or deputy constable, shall serve the
562		-	writ of possession not later than the ~~fifth~~ business day after the
	570	+	writ of possession not later than the third business day after the
563	571		date the writ is issued. If the writ of possession is not served on
564		-	or before the fifth business day after the date the writ is issued,
565		-	the landlord may, but is not obligated to, have the writ served by
566		-	any other law enforcement officer, including an off-duty officer,
567		-	who has received training as described by Section 24.0051(f).
	572	+	or before the third business day after the date the writ is issued,
	573	+	the landlord may, but is not obligated to, provide for the writ to
	574	+	be served by any other law enforcement officer, including an
	575	+	off-duty officer, who has received training as described by Section
	576	+	24.0051(f).
568	577		(c) The court shall notify a tenant in writing of a default
569	578		judgment for possession or a judgment for possession under Section
570	579		24.005106 by sending a copy of the judgment to the premises by first
571	580		class mail not later than 48 hours after the entry of the judgment.
572	581		(h) An officer [A sheriff or constable] may use reasonable
573	582		force in executing a writ under this section.
574	583		(i) A landlord is not liable for damages to the tenant
575	584		resulting from the enforcement of a judgment in favor of the
576	585		landlord under this chapter, including the execution of a writ of
577	586		possession by an officer under this section.
578	587		SECTION 14. Section 24.011, Property Code, is amended to
579	588		read as follows:
580	589		Sec. 24.011. NONLAWYER REPRESENTATION. (a) In an eviction
581	590		suit [suits] in justice court [for nonpayment of rent or holding
582	591		over beyond a rental term], the parties may represent themselves or
583	592		be represented by their authorized agents, who need not be
584	593		attorneys. [In any eviction suit in justice court, an authorized
585	594		agent requesting or obtaining a default judgment need not be an
586	595		attorney.]
587	596		(b) In an appeal of an eviction suit for nonpayment of rent
588	597		in a county or district court, an owner of a multifamily residential
589	598		property may be represented by the owner's authorized agent, who
590	599		need not be an attorney[, or, if the owner is a corporation or other
591	600		entity, by an employee, owner, officer, or partner of the entity,
592	601		who need not be an attorney].
593		-	SECTION 15. The following provisions of the Property Code
	602	+	SECTION 15. Chapter 24, Property Code, is amended by adding
	603	+	Section 24.012 to read as follows:
	604	+	Sec. 24.012. SUPPORT FOR TENANTS IN EVICTION PROCESS. (a)
	605	+	A state or local government entity, other than the supreme court,
	606	+	that funds a legal aid service or organization to provide
	607	+	information, advice, or representation to eligible tenants in the
	608	+	eviction process shall provide an equal amount of funding to pay for
	609	+	relocation assistance for tenants.
	610	+	(b) Relocation assistance provided to a tenant under
	611	+	Subsection (a) must be in a sufficient amount to enable the tenant
	612	+	to move out of the premises from which the tenant is being evicted,
	613	+	including, at a minimum:
	614	+	(1) the tenant's moving expenses;
	615	+	(2) a security deposit, if one is required; and
	616	+	(3) one month's rent.
	617	+	SECTION 16. The following provisions of the Property Code
594	618		are repealed:
595	619		(1) Sections 24.005(f), (f-1), (f-2), (g), (h), and
596	620		(i);
597	621		(2) Section 24.0053(a-4); and
598	622		(3) Sections 24.0054(a-3), (a-4), (b), (c), (d), and
599	623		(e).
600		-	SECTION 16. The supreme court shall adopt rules as
	624	+	SECTION 17. The supreme court shall adopt rules as
601	625		necessary to clarify eviction procedures consistent with Chapter
602	626		24, Property Code, as amended by this Act.
603		-	SECTION 17. The changes in law made by this Act apply only
	627	+	SECTION 18. The changes in law made by this Act apply only
604	628		to an eviction suit in which the petition is filed on or after
605	629		January 1, 2026. An eviction suit in which the petition is filed
606	630		before January 1, 2026, is governed by the law as it existed
607	631		immediately before January 1, 2026, and that law is continued in
608	632		effect for that purpose.
609		-	SECTION 18. (a) Except as provided by Subsection (b) of
	633	+	SECTION 19. (a) Except as provided by Subsection (b) of
610	634		this section, this Act takes effect January 1, 2026.
611		-	(b) Section 16 of this Act takes effect September 1, 2025.
	635	+	(b) Section 17 of this Act takes effect September 1, 2025.
	636	+	* * * * *