URGENT UPDATE: Texas Senate Bill 38 has just been signed into law by Governor Greg Abbott, set to take effect on January 1, 2025. This legislation, aimed at bolstering property owners’ rights, poses significant challenges for renters across the state, raising alarms among tenant advocates.
The law will expedite the eviction process, already one of the fastest in the nation. Shoshana Krieger, project director for the tenants’ rights group BASTA, warns that “the passage of SB 38…will make the eviction process faster,” potentially leaving tenants vulnerable.
Under the new regulations, courts will conduct eviction trials within 10 to 21 days after a petition is filed. However, landlords may now request a summary judgment in cases without factual disputes, significantly shortening the timeline for tenants to respond. They will have only four days to contest a landlord’s claim and five days to appeal an eviction judgment. Notably, tenants must now swear under penalty of perjury that their appeals are made in good faith rather than as delay tactics.
Supporters, including State Senator Paul Bettencourt (R-Houston), argue that the bill is necessary to combat issues like squatting and non-payment of rent. Bettencourt stated, “I think we’ve struck the right balance between the property rights of the owners and the needs of the renters.”
However, critics strongly oppose the law, claiming it undermines due process for tenants. Changes to eviction paperwork delivery methods, including electronic notices, could further confuse renters. “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,” cautioned Krieger.
The implications of SB 38 raise serious concerns regarding the state’s growing homelessness crisis. Experts warn that weaker tenant protections could worsen conditions for vulnerable residents, placing additional strain on Texas’s already overburdened social services, including shelters and food banks. In Travis County, eviction rates are projected to soar, with some fearing the streamlined process may exacerbate these figures in 2026.
As Texas prepares for this significant legal shift, tenants and advocates brace for the potential fallout, urging for more robust protections. The conversation around SB 38 is just beginning, and the impact on renters’ lives could be profound.
Stay tuned for more updates on this developing story.
