Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises.

89(R) SB 38 - Enrolled version - Bill Text

S.B. No. 38

AN ACT

relating to the eviction from real property of certain persons not

entitled to enter, occupy, or remain in possession of the premises.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 24.004, Property Code, is amended by

amending Subsection (a) and adding Subsection (c) to read as

follows:

(a) Except as provided by Subsection (b), a justice court in

the precinct in which the real property is located has jurisdiction

in
an
eviction
suit
[
suits
]. Eviction suits include forcible entry

and detainer and forcible detainer suits. A justice court has

jurisdiction to issue a writ of possession under
this chapter

[
Sections 24.0054(a), (a-2), and (a-3)
].

(c)

A justice court in which a petition is filed under

Section 24.00505 must adjudicate the right to actual possession of

the premises.

The justice court may not adjudicate title to the

premises. Counterclaims and the joinder of suits against third

parties are not permitted in eviction suits.

This subsection does

not preclude a claim that may not be asserted under this subsection

from being brought in a separate suit in a court of proper

jurisdiction.

SECTION 2. Chapter 24, Property Code, is amended by adding

Sections 24.0041, 24.0042, and 24.0043 to read as follows:

Sec.

24.0041.

VENUE. An eviction suit must be brought in

the justice precinct in which the real property is located.

Sec.

24.0042.

COMPUTATION OF TIME. A period of time

prescribed by this chapter:

(1)

does not include the day of the event that begins

the period;

(2)

includes Saturdays, Sundays, and state or federal

holidays;

(3) includes the last day of the period; and

(4)

if the last day of the period is a Saturday,

Sunday, or state or federal holiday, is extended so that the last

day of the period is the next day that is not a Saturday, Sunday, or

state or federal holiday.

Sec.

24.0043.

AUTHORITY TO MODIFY OR SUSPEND EVICTION

PROCEDURES. (a) Except as provided by Subsection (b) but

notwithstanding any other law, including Section 22.004,

Government Code, only the legislature may modify or suspend

procedures prescribed by this chapter.

(b)

This section does not affect the authority of the

supreme court to modify or suspend certain provisions for the

conduct of any court proceedings affected by a disaster under

Section 22.0035(b), Government Code, but such a modification or

suspension may be applied to an eviction suit only if:

(1)

the modification or suspension is applicable to

all courts similarly affected by the disaster without regard to the

subject matter of an action; and

(2)

any request for the modification or suspension is

made in writing and available to the public.

SECTION 3. The heading to Section 24.005, Property Code, is

amended to read as follows:

Sec. 24.005. NOTICE
REQUIRED BEFORE
[
TO VACATE PRIOR TO
]

FILING
CERTAIN
EVICTION
SUITS
[
SUIT
].

SECTION 4. Section 24.005, Property Code, is amended by

amending Subsections (a) and (e) and adding Subsections (c-1),

(f-3), and (f-4) to read as follows:

(a) If the occupant is a tenant under a written lease or oral

rental agreement, the landlord must 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.
In a forcible detainer suit against a tenant whose

right of possession is terminated based solely on nonpayment of

rent and who was not late or delinquent in paying rent to the

landlord before the month in which the notice is given, written

notice under this section shall be given in the form of a notice to

pay rent or vacate.

In a forcible detainer suit against a tenant

whose right of possession is terminated based on nonpayment of rent

and who was late or delinquent in paying rent to the landlord before

the month in which the notice is given, written notice under this

section may be given in the form of either a notice to pay rent or

vacate or a notice to vacate.
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 must also comply with the

tenancy termination requirements of Section 91.001.

(c-1)

If a federal law or rule requires a landlord to give

notice to a tenant before the landlord requires the tenant to vacate

the premises:

(1)

a landlord that satisfies the notice requirements

of this section is not required to delay the filing of an eviction

suit based on the federal requirement;

(2)

the federal requirement is not a basis for a court

to delay or abate the conduct of the eviction suit; and

(3)

a writ of possession may not be served on the

tenant until the period between the delivery of the notice under

this section and the service of the writ equals or exceeds the

period prescribed by the federal requirement.

(e) If the lease or applicable
state or federal
law
or rule

requires
a
[
the
] landlord to give a tenant 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
[
, a
] notice to vacate
under Subsection (a)
may
, at the landlord's

discretion, run concurrently with
[
not be given until
] 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 may include the required opportunity to respond to the

notice of proposed eviction
[
notice has expired
].

(f-3)

A notice required by this section must be delivered

using at least one of the following methods:

(1)

mail, including first class mail, registered mail,

certified mail, or a delivery service;

(2)

delivery to the inside of the premises, in a

conspicuous place;

(3)

hand delivery to any tenant of the premises who is

16 years of age or older; or

(4)

if the parties have agreed in writing, electronic

communication, including e-mail or other electronic means.

(f-4)

Subsection (f-3) does not apply if the tenant actually

receives the notice.

SECTION 5. Chapter 24, Property Code, is amended by adding

Sections 24.00505 and 24.00506 to read as follows:

Sec.

24.00505.

PETITION.

To initiate an eviction suit, a

sworn petition must be filed with the court.

The petition must

include the contents required by the Texas Rules of Civil

Procedure.

Sec.

24.00506.

RULES OF COURT.

(a)

A court may adopt local

rules, forms, or standing orders for eviction suits in accordance

with the Texas Rules of Civil Procedure.

(b)

A court may not adopt local rules, forms, or standing

orders for eviction suits that:

(1)

require content in or with the petition other than

the content required by the Texas Rules of Civil Procedure;

(2)

require any mediation, pretrial conference, or

other proceeding before trial; or

(3)

authorize the dismissal of an eviction suit on the

basis that the petition is improper if the petition:

(A)

meets the requirements of the Texas Rules of

Civil Procedure; or

(B)

can be amended to meet the requirements of

the Texas Rules of Civil Procedure.

SECTION 6. Section 24.0051, Property Code, is amended to

read as follows:

Sec. 24.0051. PROCEDURES APPLICABLE IN SUIT TO EVICT AND

RECOVER UNPAID RENT. (a) In a suit filed in justice court in which

the landlord files a sworn
petition
[
statement
] seeking judgment

against a tenant for possession of the premises and unpaid rent,

personal service on the tenant or service on the tenant under
the

[
Rule 742a,
] Texas Rules of Civil Procedure[
,
] is procedurally

sufficient to support a default judgment for possession of the

premises and unpaid rent.

(b) A landlord may recover unpaid rent under this section

regardless of whether the tenant vacated the premises after the

date the landlord filed the sworn
petition
[
statement
] and before

the date the court renders judgment.

(c) In a suit to recover possession of the premises, whether

or not unpaid rent is claimed, the citation [
required by Rule 739,

Texas Rules of Civil Procedure,
] must include the following notice

to the
tenant
[
defendant
]:

FAILURE TO APPEAR FOR TRIAL MAY RESULT IN A DEFAULT JUDGMENT BEING

ENTERED AGAINST YOU.

(d) In a suit described by Subsection (c), the citation

[
required by Rule 739, Texas Rules of Civil Procedure,
] must

include the following notice to the
tenant
[
defendant
] on the first

page of the citation in English and Spanish and in conspicuous bold

print:

SUIT TO EVICT

THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT

WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR

RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE

SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET

SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.

CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED

HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN

ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL

ASSISTANCE.

(e)

If the landlord files a motion for summary disposition

under Section 24.005106 with the petition, the citation must

include the following notice to the tenant on the first page of the

citation in English and Spanish and in conspicuous bold print:

THE PETITION INCLUDES A MOTION FOR SUMMARY DISPOSITION. IF

THE MOTION SHOWS THERE ARE NO GENUINELY DISPUTED FACTS THAT WOULD

PREVENT A JUDGMENT IN FAVOR OF THE LANDLORD, THE COURT MAY ENTER

JUDGMENT IN FAVOR OF THE LANDLORD WITHOUT A TRIAL UNLESS:

(1)

NOT LATER THAN THE FOURTH DAY AFTER YOU ARE SERVED

WITH THE LANDLORD'S SWORN PETITION, YOU FILE A RESPONSE SETTING OUT

SUPPORTING FACTS AND ANY APPLICABLE DOCUMENTS ON WHICH YOUR

RESPONSE RELIES; AND

(2)

THE JUSTICE COURT DETERMINES THAT SERVICE ON YOU

WAS PROPER AND, BASED ON THE LANDLORD'S SWORN PETITION AND YOUR

RESPONSE, THERE ARE GENUINELY DISPUTED FACTS THAT WOULD PREVENT A

JUDGMENT IN FAVOR OF THE LANDLORD.

(f)

A sheriff or constable, including a deputy sheriff or

deputy constable, shall make a diligent effort to serve the

citation and petition not later than the fifth business day after

the date the petition is filed.

If the citation and petition are

not served on or before the fifth business day after the date the

petition is filed, the landlord may, but is not obligated to,

provide for the citation and petition to be served by any other law

enforcement officer, including an off-duty officer with

appropriate identification, that has received appropriate training

in the service of process, eviction procedures, and the execution

of writs, as determined by the Texas Commission on Law Enforcement.

(g) The court:

(1)

shall, subject to this subsection, 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;

(2)

may not hold the trial on a date that is earlier

than the fourth day after the date the tenant is served with the

petition; and

(3)

may not postpone the date of a trial for more than

seven days unless the parties agree to the postponement in writing.

SECTION 7. Chapter 24, Property Code, is amended by adding

Sections 24.005105, 24.005106, and 24.005107 to read as follows:

Sec.

24.005105.

ELECTRONIC PROCEEDINGS. If the parties

agree, a justice court may allow the parties in an eviction suit to

appear at a court proceeding in the suit by videoconference,

teleconference, or other available electronic means.

Sec.

24.005106.

SUMMARY DISPOSITION AND TRIAL. (a)

A

landlord that files a sworn petition alleging a forcible entry and

detainer under Section 24.00505 may include with the petition a

sworn motion for summary disposition without trial.

The motion

must set out all supporting facts, and documents on which the motion

relies must be attached.

If the motion shows that there are no

genuinely disputed facts that would prevent a judgment in favor of

the landlord, the court may enter judgment in favor of the landlord

without a trial unless:

(1)

not later than the fourth day after the date the

tenant is served with the landlord's sworn petition, the tenant

files a response setting out supporting facts, and providing any

applicable documents, on which the response relies; and

(2)

the justice court determines that service on the

tenant was proper and, based on the landlord's sworn petition and

the tenant's response, if any, there are genuinely disputed facts

that would prevent a judgment in favor of the landlord.

(b) The justice court:

(1)

may enter judgment for the landlord regardless of

the tenant's response if the response does not show there is a

genuinely disputed fact that would prevent judgment in favor of the

landlord; and

(2)

may consider a response filed by the tenant later

than the fourth day after the date the tenant was served with the

landlord's sworn petition and motion if the response shows there is

a genuinely disputed fact that would prevent judgment in favor of

the landlord and the tenant has filed the response before judgment

has been entered.

(c)

If the justice court determines that there are genuinely

disputed facts that would prevent a judgment in favor of the

landlord, the justice court shall set a trial date that is not

earlier than the 10th day and not later than the 21st day after the

date the petition is filed by the landlord.

The justice court may

immediately set the case for trial upon the tenant's request for a

trial in response to a motion for summary disposition.

(d)

A judgment on summary disposition under this section has

the same effect as any other judgment in an eviction suit.

Sec.

24.005107.

APPEAL TO COUNTY COURT. (a)

A party may

appeal the judgment of a justice court in an eviction suit by filing

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.

A tenant who files an appeal

must affirm, under penalty of perjury, the tenant's good faith

belief that the tenant has a meritorious defense and that the appeal

is not for the purpose of delay.

An appeal is perfected when a bond,

cash deposit, or statement of inability to afford payment of court

costs is timely filed with the justice court in accordance with this

section.

(b)

The justice court shall forward the transcript and

original papers in an appeal of an eviction case to the county

court, by electronic means or otherwise, not earlier than 4 p.m. on

the sixth day or later than 4 p.m. on the 10th day after the date the

tenant files the appeal, except that, if the court confirms that the

tenant has timely paid the initial rent payment into the justice

court registry in accordance with Section 24.0053, the court may

forward the transcript and original papers immediately.

(c)

The county court shall 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. Section 24.00511(a), Property Code, is amended

to read as follows:

(a) In a residential eviction suit [
for nonpayment of rent
],

the justice court shall 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. Section 24.00512(f), Property Code, is amended

to read as follows:

(f) If an appeal
of a decision disapproving the appeal bond

is filed, the justice court shall transmit to the county court the

contest to the appeal bond and all relevant documents. The county

court shall docket the appeal, schedule a hearing to be held not

later than the fifth day after the date the appeal is docketed,

notify the parties and the surety of the hearing time and date, and

hear the contest de novo. The failure of the county court to hold a

timely hearing is not grounds for approval or denial of the appeal.

A writ of possession may not be issued before the county court

issues a final decision on the appeal bond
, except as provided by

Section 24.0054
.

SECTION 10. Section 24.0052, Property Code, is amended to

read as follows:

Sec. 24.0052. TENANT APPEAL ON
STATEMENT OF INABILITY TO

AFFORD PAYMENT OF COURT COSTS
[
PAUPER'S AFFIDAVIT
]. (a) If a

tenant in a residential eviction suit is unable to pay the costs of

appeal or file an appeal bond as required by the Texas Rules of

Civil Procedure, the tenant may appeal the judgment of the justice

court by filing with the justice court, not later than the fifth day

after the date the judgment is signed, a
statement of inability to

afford payment of court costs
[
pauper's affidavit
] sworn before the

clerk of the justice court or a notary public that states that the

tenant is unable to pay the costs of appeal or file an appeal bond.

The
statement
[
affidavit
] must contain the following information:

(1) the tenant's identity;

(2) the nature and amount of the tenant's employment

income;

(3) the income of the tenant's spouse, if applicable

and available to the tenant;

(4) the nature and amount of any governmental

entitlement income of the tenant;

(5) all other income of the tenant;

(6) the amount of available cash and funds available

in savings or checking accounts of the tenant;

(7) real and personal property owned by the tenant,

other than household furnishings, clothes, tools of a trade, or

personal effects;

(8) the tenant's debts and monthly expenses; and

(9) the number and age of the tenant's dependents and

where those dependents reside.

(b) The justice court shall make available
a
[
an affidavit
]

form that a person may use to comply with the requirements of

Subsection (a).

(c) The justice court shall promptly notify the landlord if

a
statement described by Subsection (a)
[
pauper's affidavit
] is

filed by the tenant.

(d) A landlord may contest a
statement filed under this

section
[
pauper's affidavit
] on or before the fifth day after the

date the
statement
[
affidavit
] is filed. If the landlord contests

the
statement
[
affidavit
], the justice court shall notify the

parties and hold a hearing to determine whether the tenant is unable

to pay the costs of appeal or file an appeal bond. The hearing shall

be held not later than the fifth day after the date the landlord

notifies the court clerk of the landlord's contest. At the hearing,

the tenant has the burden to prove by competent evidence, including

documents or credible testimony of the tenant or others, that the

tenant is unable to pay the costs of appeal or file an appeal bond.

(e) If the justice court approves
a statement filed by
[
the

pauper's affidavit of
] a tenant
under this section
, the tenant is

not required to pay the county court filing fee or file an

additional
statement
[
affidavit
] in the county court under

Subsection (a).

SECTION 11. Section 24.0053, Property Code, is amended by

amending Subsections (a), (a-1), (a-2), (a-3), (b), (c), (d), and

(e) and adding Subsection (a-5) to read as follows:

(a) If the justice court enters judgment for the landlord in

a residential eviction case [
based on nonpayment of rent
], the

court shall determine the amount of rent to be paid each rental pay

period during the pendency of any appeal and shall note that amount

in the judgment. If a portion of the rent is payable by a government

agency, the court shall 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 tenant. The court's determination shall

be in accordance with the terms of the rental agreement and

applicable laws and regulations.
If there is no rental agreement,

the court shall determine:

(1) the rental pay period; and

(2)

the amount of rent to be paid by the tenant in each

rental pay period, which must be the greater of:

(A) $250; or

(B)

the fair market rent, if determined by the

court.
[
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.
]

(a-1)
If
[
In an eviction suit for nonpayment of rent, if
] a

tenant files
an appeal of a justice court's judgment in an eviction

suit
[
a pauper's affidavit in the period prescribed by Section

24.0052 or an appeal bond pursuant to the Texas Rules of Civil

Procedure
], the justice court shall provide to the tenant a written

notice at the time the [
pauper's affidavit or
] appeal [
bond
] is

filed that contains the following information in bold or

conspicuous type:

(1) the amount of [
the initial deposit of
] rent stated

in the judgment that the tenant must pay into the justice court
or

county court
registry
, as applicable, during the pendency of the

appeal
;

(2) whether the
rent
[
initial deposit
] must be paid in

cash, cashier's check, or money order, and to whom the cashier's

check or money order, if applicable, must be made payable;

(3) the calendar date by which the
rent
[
initial

deposit
] must be paid into the justice court
or county court

registry
, as applicable
;

(4) for a court that closes before 5 p.m. on the date

specified by Subdivision (3), the time the court closes; and

(5) a statement that failure to pay the required

amount into the justice court
or county court
registry
, as

applicable,
by the date prescribed by Subdivision (3) may result in

the
justice court or county
court issuing a writ of possession

without a hearing.

(a-2)
The tenant shall:

(1)

not later than the fifth day after the date the

tenant files the appeal, pay rent for one rental pay period into the

justice court registry; and

(2)

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
[
The date by which an initial deposit must be

paid into the justice court registry under Subsection (a-1)(3) must

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)
The justice court or county court, as applicable,

shall disburse rent paid into the justice court or county court

registry to the landlord on request at any time during or after the

pendency of the appeal
[
If a tenant files an appeal bond to appeal

an eviction for nonpayment of rent, the tenant must, not later than

the fifth day after the date the tenant filed the appeal bond, 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).

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, the plaintiff may request a writ of possession.

On

request and payment of the applicable fee, the justice court shall

issue the writ of possession immediately and without a hearing.

Regardless of whether a writ of possession is issued, the justice

court shall transmit the transcript and appeal documents to the

county court for trial de novo on issues relating to possession,

rent, or attorney's fees
].

(a-5)

A tenant's payment of rent into a court registry under

this section relieves the tenant of the obligation to pay rent to

the landlord only for the rental pay period for which the payment is

made.

(b) [
If an eviction case is based on nonpayment of rent and

the tenant appeals by filing a pauper's affidavit, the tenant shall

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).
] If a government agency is responsible for all or a

portion of the rent under an agreement with the landlord, the tenant

shall pay only that portion of the rent determined by the justice

court under Subsection (a) to be paid by the tenant during appeal,

subject to either party's right to contest that determination under

Subsection (c).

(c) 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, either party may contest

the portion of the rent that the justice court determines must be

paid into the county court registry by the tenant under this

section. The contest must be filed on or before the fifth day after

the date the justice signs the judgment. If a contest is filed, not

later than the fifth day after the date the contest is filed the

justice court shall notify the parties and hold a hearing to

determine the amount owed by the tenant in accordance with the terms

of the rental agreement and applicable laws and regulations. After

hearing the evidence, the justice court shall determine the portion

of the rent that must be paid by the tenant under this section.

(d) [
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, the tenant shall 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.
] During the pendency of the appeal, either party may file a

motion with the county court to reconsider the amount of the rent

that must be paid by the tenant into the registry of the court.

(e) If either party files a contest under Subsection (c) and

the tenant files a
statement of inability to afford payment of court

costs
[
pauper's affidavit
] that is contested by the landlord under

Section 24.0052(d), the justice court shall hold the hearing on

both contests at the same time.

SECTION 12. Sections 24.0054(a), (a-1), (a-2), and (f),

Property Code, are amended to read as follows:

(a) During an appeal of an eviction case [
for nonpayment of

rent
], the justice court
or county court, as applicable,
on request

shall immediately issue a writ of possession, without hearing, if[
:

[
(1)
] a tenant fails to pay [
the initial
] rent

[
deposit
] into the
appropriate
[
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
and
[
;

[
(2)
] the justice court has provided the written

notice required by Section 24.0053(a-1)[
; and

[
(3)

the justice court has not yet forwarded the

transcript and original papers to the county court as provided by

Subsection (a-2)
].

(a-1) The sheriff
, the
[
or
] constable
, or another law

enforcement officer
shall execute a writ of possession under

Subsection (a) in accordance with Sections 24.0061(d) through (h).

The landlord shall bear the costs of issuing and executing the writ

of possession.

(a-2)
If the justice court issues a writ of possession under

this section, the
[
The justice court shall forward the transcript

and original papers in an appeal of an eviction case to the county

court but may not forward 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 may forward the

transcript and original papers immediately.

If the tenant has not

timely paid the initial deposit into the justice court registry,

the justice court on request shall 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.

The
] justice court shall 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
[
a
] writ [
of possession

under this section
] has [
already
] been issued
or executed
.

(f) During the appeal of an eviction case, if a government

agency is responsible for payment of a portion of the rent and does

not pay that portion to the landlord or into the justice court or

county court registry, the landlord may file a motion with the

county court requesting that the tenant be required to pay into the

county court registry, as a condition of remaining in possession,

the full amount of each rental period's rent, as it becomes due

under the rental agreement. After notice and hearing, the court

shall grant the motion if the landlord proves by credible evidence

that:

(1) a portion of the rent is owed by a government

agency;

(2) the portion of the rent owed by the government

agency is unpaid;

(3) the landlord did not cause wholly or partly the

agency to cease making the payments;
and

(4) the landlord did not cause wholly or partly the

agency to pay the wrong amount[
; and

[
(5)

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
].

SECTION 13. Section 24.0061, Property Code, is amended by

amending Subsections (a), (b), (c), (h), and (i) and adding

Subsection (b-1) to read as follows:

(a) A landlord who prevails in an eviction suit is entitled

to a judgment for possession of the premises and a writ of

possession. In this chapter, "premises" means
:

(1) a
[
the
] unit that is occupied or rented
; and

(2)
[
and
] any outside area or facility
:

(A)
that
a
[
the
] tenant is entitled to use under a

written lease or oral rental agreement
;

(B)
[
, or
] that is held out for the use of tenants

generally
; and

(C)

that is occupied by or in the possession of

the person against whom the eviction suit is filed
.

(b) A writ of possession may not be 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 [
and judgment for possession is thereafter

granted by default
].

(b-1)

The issuance of a writ of possession is a ministerial

act not subject to review or delay. A sheriff or constable,

including a deputy sheriff or deputy constable, shall serve the

writ of possession not later than the fifth business day after the

date the writ is issued.

If the writ of possession is not served on

or before the fifth business day after the date the writ is issued,

the landlord may, but is not obligated to, have the writ served by

any other law enforcement officer, including an off-duty officer

with appropriate identification, who has received training as

described by Section 24.0051(f).

(c) The court shall notify a tenant in writing of a default

judgment for possession
or a judgment for possession under Section

24.005106
by sending a copy of the judgment to the premises by first

class mail not later than 48 hours after the entry of the judgment.

(h)
An officer
[
A sheriff or constable
] may use reasonable

force in executing a writ under this section.

(i) A landlord is not liable for damages to the tenant

resulting from
the enforcement of a judgment in favor of the

landlord under this chapter, including
the execution of a writ of

possession by an officer under this section.

SECTION 14. Section 24.011, Property Code, is amended to

read as follows:

Sec. 24.011. NONLAWYER REPRESENTATION. (a) In
an
eviction

suit
[
suits
] in justice court [
for nonpayment of rent or holding

over beyond a rental term
], the parties may represent themselves or

be represented by their authorized agents, who need not be

attorneys. [
In any eviction suit in justice court, an authorized

agent requesting or obtaining a default judgment need not be an

attorney.
]

(b) In an appeal of an eviction suit for nonpayment of rent

in a county or district court, an owner of a multifamily residential

property may be represented by the owner's authorized agent, who

need not be an attorney[
, or, if the owner is a corporation or other

entity, by an employee, owner, officer, or partner of the entity,

who need not be an attorney
].

SECTION 15. The following provisions of the Property Code

are repealed:

(1) Sections 24.005(f), (f-1), (f-2), (g), (h), and

(i);

(2) Section 24.0053(a-4); and

(3) Sections 24.0054(a-3), (a-4), (b), (c), (d), and

(e).

SECTION 16. The supreme court shall adopt rules as

necessary to clarify eviction procedures consistent with Chapter

24, Property Code, as amended by this Act.

SECTION 17. The changes in law made by this Act apply only

to an eviction suit in which the petition is filed on or after

January 1, 2026. An eviction suit in which the petition is filed

before January 1, 2026, is governed by the law as it existed

immediately before January 1, 2026, and that law is continued in

effect for that purpose.

SECTION 18. (a) Except as provided by Subsection (b) of

this section, this Act takes effect January 1, 2026.

(b) Section 16 of this Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 38 passed the Senate on

April 10, 2025, by the following vote: Yeas 21, Nays 8, one

present not voting; and that the Senate concurred in House

amendments on May 28, 2025, by the following vote: Yeas 23, Nays 8.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 38 passed the House, with

amendments, on May 24, 2025, by the following vote: Yeas 85,

Nays 44, three present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor