TX SB38

Establishes new eviction procedures requiring landlords to file sworn petitions in justice court, with trials held between 10 and 21 days after filing and no postponements beyond 7 days without written agreement from both parties

Creates summary disposition process allowing landlords to obtain judgment without trial in forcible entry cases unless tenants file a response within 4 days showing genuinely disputed facts

Requires tenants appealing eviction judgments to pay rent into court registry within 5 days of filing appeal and continue paying each rental period during appeal, with immediate writ of possession issued if payments are missed

Limits authority to modify or suspend eviction procedures to the legislature only, with narrow exception for Texas Supreme Court during declared disasters affecting all courts regardless of subject matter

Requires sheriffs and constables to serve eviction citations within 5 business days and writs of possession within 5 business days, with landlords permitted to use other trained law enforcement officers if deadlines are missed

Takes effect January 1, 2026, applying only to eviction suits filed on or after that date