Legislative Priorities

The Texas Apartment Association (TAA) is proud to announce a major legislative victory with the signing of Senate Bill 38—a transformative measure that strengthens the eviction process, addresses squatting and illegal occupancy, and ensures fairness and consistency for property owners across the state

Governor Greg Abbott signed SB 38 into law after months of advocacy, grassroots mobilization, and collaboration across the rental housing industry. The new law enhances due process while removing barriers that have long made eviction proceedings unnecessarily slow, unpredictable, and expensive for property owners.

Key Improvements Under SB 38:

• CARES Act 30-Day Notice to Vacate (NTV) Runs Concurrently: The federal CARES Act notice no longer adds an extra 30 days to the Texas eviction process. The NTV clock runs at the same time as the state process.
• Simplified Notice Delivery: SB 38 allows Notices to Vacate (NTV) to be delivered electronically if agreed to by the parties in addition to traditional methods. If the tenant appears in court, they waive any objection to how the notice was delivered.
• Service of Process Improvements: If a constable does not serve a citation or writ within five business days, other law enforcement officers may be used to step in to complete service—helping avoid unnecessary delays.
• Streamlined Process for Squatter Cases: The law creates an expedited summary disposition procedure to remove unauthorized occupants who do not have a valid lease or lawful claim to enter and remain on the property.
• Mandatory Payments During Appeal: All tenants appealing an eviction judgment must pay into the court registry—either monthly rent or $250, whichever is greater—regardless of whether the appeal is for nonpayment of rent or another lease violation.
• Faster Court Timelines: Both Justice Courts and County Courts at Law must now hold eviction trials within 21 days of the appeal or filing—reducing backlog and uncertainty for both sides.
• Limits on Judicial Interference Post-Disaster: The Texas Supreme Court’s ability to pause or modify eviction proceedings after a disaster is restricted under this new law, preventing long-term disruption to property rights.
• Effective Date: SB 38 goes into effect January 1, 2026. TAA will provide detailed guidance and resources to support compliance and implementation in the months ahead.

How We Got It Done

This important legislative win was led by Senator Paul Bettencourt, who authored the original bill, and Representative Angie Chen Button, who sponsored the Senate substitute. Their leadership—along with key support from Speaker Dustin Burrows and Lieutenant Governor Dan Patrick—was instrumental in moving the bill forward.

We are also deeply grateful to the TAA Legislative Committee, members who testified or contacted lawmakers, and our local affiliates who helped elevate the issue across the state. This victory reflects the power of unified advocacy.