SB 38: How a new property rights law changes the game for Texas renters

SB 38: How the new property rights law changes Texas

Senate Bill 38 is set to go into effect on Jan. 1, 2025, after Governor Greg Abbott signed it into law earlier this year as a way to defend property owners' rights. 

AUSTIN - Senate Bill 38 is set to go into effect on Jan. 1, 2025, after Governor Greg Abbott signed it into law earlier this year as a way to defend property owners' rights. 

Tenants' rights advocates say the new law may make it more challenging for renters to understand and exercise their own rights. 

What is Senate Bill 38?

Local perspective:

"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," said Shoshana Krieger, project director for local tenants' rights group Building and Strengthening Tenant Action (BASTA). 

Krieger says evictions in Texas already happen fast. 

"This can be a very fast process in Texas," said Krieger. "It's supposed to happen in 21 days."

New Appeals Process Under SB 38

Big picture view:

Senate Bill 38 maintains that timeline, stipulating that courts hold a trial between 10 and 21 days after a petition is filed, but the new law now allows for a summary judgement process where landlords can ask the court to rule without a trial if there are no legitimate factual disputes. 

Tenants have four days to respond to a landlord's claim and five days to appeal an eviction judgement. But after January 1, they'll now have to swear under threat of perjury that they're making their appeal in good faith and not as a delay tactic.    

Impact on Texas Tenants

What they're saying:

Proponents of the bill say it's targeted at unauthorized users of property, citing concerns of squatting and serial non-payment of rent.

"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," said State Sen. Paul Bettencourt (R-Houston), who sponsored the bill. 

But critics say it deteriorates due process for tenants, and changes to who can serve eviction paperwork, as well as allowing for electronic delivery of notices, may make things more confusing for 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," said Krieger. 

Homelessness and Rising Eviction Rates

Dig deeper:

Opponents to the legislation have also expressed concerns that it may worsen the state's homelessness crisis amid weak tenant protections and limited safety nets, in turn placing a greater burden on government services across Texas, including shelters, food banks and emergency rooms. 

Eviction rates in Travis County are on track to reach their highest levels yet, as 2025 comes to a close, and some are concerned that the state's new streamlined eviction process may exacerbate those numbers in 2026.