Senate Bill 38 is set to take effect on January 1, 2025, following its signing into law by Governor Greg Abbott earlier this year. This legislation aims to bolster the rights of property owners in Texas.
The new law will expedite eviction processes by allowing landlords to request summary judgments without a trial in certain situations. It mandates that tenants declare under penalty of perjury that any appeals are made in good faith and introduces the option for electronic delivery of eviction notices. Critics argue that this accelerated process could exacerbate homelessness and create confusion among renters, while supporters maintain that it protects landlords from issues such as squatting and non-payment of rent.
Local tenants’ rights advocates are concerned that the implementation of SB 38 may hinder renters’ understanding of their rights. Shoshana Krieger, project director for Building and Strengthening Tenant Action (BASTA), highlighted the potential consequences of this legislation, stating, “The passage of SB 38, which is a bill that the Texas Apartment Association really advocated to pass and erodes some tenant protections, will make the eviction process faster.” She noted that evictions in Texas are already swift, typically occurring within a 21-day timeframe.
New Appeals Process Under SB 38
While Senate Bill 38 maintains the existing timeline for court trials—requiring them to be held between 10 and 21 days after a petition is filed—it introduces a summary judgment process. This change allows landlords to seek a court ruling without a trial if there are no genuine factual disputes. Tenants must now respond to eviction claims within four days and appeal judgments within five days, swearing under penalty of perjury that their appeal is made in good faith and not merely a delay tactic.
Impact on Texas Tenants
Supporters of the bill argue that it focuses on unauthorized property use, addressing issues such as squatting and habitual non-payment. State Senator Paul Bettencourt (R-Houston), the bill’s sponsor, stated, “I think we’ve struck the right balance between the property rights of the owners and the needs of the renters to drive out the squatters who are really taking advantage of the fact that they think they don’t have to pay anything.”
On the other hand, critics assert that the legislation undermines due process for tenants. Changes regarding who can serve eviction notices and the allowance for electronic notifications may lead to further confusion for renters. Krieger pointed out, “Lots of people’s email boxes are full of all sorts of things, so that’s probably an area which will be problematic for tenants.”
Homelessness and Rising Eviction Rates
Opponents of SB 38 have raised alarms that it could worsen Texas’s homelessness crisis, particularly given the weak tenant protections and limited support systems currently in place. This situation may increase the burden on government services, including shelters and healthcare facilities. In Travis County, eviction rates are projected to reach record highs as 2025 concludes, prompting concerns that the new, streamlined eviction process could worsen these figures in 2026.
