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SB 38

Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises.

89th Legislature (2025) Introduced by Trent Ashby and 30 co-sponsors

Texas SB 38 accelerates eviction procedures for unauthorized property occupants, enabling faster removal of trespassers and those without legal occupancy rights through streamlined legal processes.

See remarks for effective date
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Bill Summary · SB 38

Legislative bill overview

SB 38 establishes streamlined eviction procedures in Texas for removing individuals from property who lack legal right to occupy it, including trespassers and those remaining after lease termination. The bill modifies existing eviction law to expedite removal processes for certain categories of occupants deemed not entitled to possess the premises.

Why is this important

Eviction procedures directly affect property rights, housing stability, and the speed at which landlords can regain control of properties. This legislation impacts both property owners seeking faster removal processes and tenants or occupants who may face accelerated legal proceedings with potentially limited due process protections.

Potential points of contention

  • Due process concerns: Expedited procedures may limit time for defendants to mount legal defenses or access counsel, particularly affecting low-income occupants who cannot afford immediate legal representation
  • Definition ambiguity: The bill's reference to "certain persons" and those "not entitled to enter, occupy, or remain" may create definitional disputes about who qualifies for expedited removal versus standard eviction protections
  • Tenant protection debates: Advocates for renters' rights may argue the bill tilts procedural advantages toward landlords, while property rights advocates contend it appropriately addresses unauthorized occupation and post-lease trespassers

Compiled from official sources — confirm details with the bill’s official record.

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