Senate Bill 38: What Texas Landlords Need to Know
Senate Bill 38, passed by the 88th Texas Legislature and effective January 1, 2024, modernized Texas eviction law by introducing expedited removal of squatters, requiring good-faith oaths on appeals, expanding writ execution to off-duty officers, and clarifying partial rent payment rules. Here is what changed and how it affects your rights as a landlord.
Four Major Changes Under SB 38
SB 38 made targeted changes to the Texas Property Code that directly impact how evictions are filed, appealed, and enforced.
Summary Disposition for Squatters
Section 24.0061
SB 38 created a new expedited judicial process under Section 24.0061 for removing unauthorized occupants who were never tenants. Landlords can now file for summary disposition, bypassing the traditional eviction timeline when dealing with squatters who have no lease or prior permission to occupy the property.
Good-Faith Oath on Appeals
Section 24.0054
Tenants who appeal an eviction judgment must now sign a sworn oath under penalty of perjury affirming they have a good-faith defense. This change under Section 24.0054 addresses the practice of filing frivolous appeals solely to delay the eviction process.
Off-Duty Police Writ Execution
Section 24.0061(f)
Off-duty law enforcement officers can now execute writs of possession, expanding the pool of available officers and reducing the backlog that previously caused weeks-long delays between judgment and physical possession. This helps landlords regain control of their property faster.
Partial Rent Payment Provisions
Sections 24.0021, 24.0053, 24.0054
New Sections 24.0021, 24.0053, and 24.0054 clarify that accepting partial rent does not waive a landlord's right to proceed with eviction, provided proper notice is given. This resolves a common gray area that previously put landlords at legal risk.
What Changed in Practice
A side-by-side look at how SB 38 altered the eviction landscape for common scenarios Texas landlords face.
| Scenario | Before SB 38 | After SB 38 |
|---|---|---|
| Removing squatters | Full eviction process required (3-6 weeks minimum) | Summary disposition available (expedited hearing) |
| Tenant appeals | Appeal filed with no merit check, delays 30-60+ days | Sworn good-faith oath required under penalty of perjury |
| Writ execution | Only on-duty constables, often 2-4 week backlog | Off-duty officers eligible, reducing wait times |
| Accepting partial rent | Risk of waiving eviction rights, unclear legal standing | Partial payment does not waive eviction rights with proper notice |
What This Means for Landlords
- Faster squatter removal through summary disposition eliminates weeks of waiting for cases involving unauthorized occupants.
- Fewer frivolous appeals, since tenants must swear under oath they have a legitimate defense before the court will hear an appeal.
- Quicker enforcement of judgments with off-duty officers now eligible to execute writs of possession, reducing the backlog.
- Greater clarity on partial rent -- you can accept a partial payment without fear of losing your legal standing, as long as you follow proper notice procedures.
- Overall, SB 38 tilts the timeline in favor of landlords who follow proper legal procedures, while still protecting tenants with legitimate claims.
What This Means for Tenants
- Legitimate tenants with valid leases retain all existing protections. SB 38 does not change the notice-to-vacate timeline or due process rights for lawful occupants.
- The good-faith oath requirement filters out bad-faith delay tactics, but tenants with genuine defenses can still appeal and have their case heard.
- Tenants in unauthorized occupancy situations (squatting) face faster removal, as the new summary disposition process provides courts with an expedited path.
- Partial rent provisions work both ways -- tenants who make partial payments should understand that this may not stop the eviction process if proper notice was given.
- Overall, tenants with legitimate claims retain their rights while the system becomes more efficient for all parties.
Source Material
For attorneys, property managers, and landlords who want to read the actual legislation and code sections.
Texas Property Code Sections
- Section 24.0021 -- Partial Rent Payment
- Section 24.0053 -- Appeal Bond and Partial Rent
- Section 24.0054 -- Good-Faith Oath on Appeal
- Section 24.0061 -- Summary Disposition (Squatters)
- Texas Property Code Chapter 24
SB 38 FAQ
When did SB 38 take effect?
Senate Bill 38 was signed into law by the 88th Texas Legislature and became effective on January 1, 2024. All eviction cases filed after that date are subject to the new provisions.
Does SB 38 apply to all types of evictions in Texas?
SB 38 applies to residential eviction proceedings in Texas. The summary disposition provision specifically targets unauthorized occupants (squatters), while the appeal oath and partial rent provisions apply broadly to residential eviction cases.
Can I still accept partial rent without losing my right to evict?
Yes. Under the new Sections 24.0021 and 24.0053, accepting partial rent does not automatically waive your right to proceed with eviction, as long as you have given proper notice. However, you should document everything in writing and consult with an attorney about your specific situation.
How does the summary disposition process work for squatters?
Under Section 24.0061, if someone is occupying your property without any prior lease or permission, you can file for summary disposition. The court can schedule an expedited hearing, and if you establish that the occupant has no legal right to possession, the court can issue an immediate order for removal without going through the full eviction timeline.
Does SB 38 affect the standard notice-to-vacate timeline?
No. The standard 3-day notice to vacate for nonpayment of rent and the notice requirements under Section 24.005 of the Texas Property Code remain unchanged. SB 38 primarily adds new tools and clarifications rather than modifying existing notice timelines.
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