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TexasSB 3889th Legislature Regular SessionSenateWALLET

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

Sponsored By: Paul Bettencourt (Republican), César Blanco (Democratic), Angie Chen Button, Donna Campbell (Republican), Creighton, Charlie Geren, Brent Hagenbuch (Republican), Joan Huffman (Republican), Bryan Hughes (Republican), Lois Kolkhorst (Republican), Jeff Leach, Mayes Middleton (Republican), Joe Moody, Tan Parker (Republican), Angela Paxton (Republican), John T. Smithee, Kevin Sparks (Republican)

Signed by Governor

City Government--GeneralCounty Government--Employees/OfficersCounty Government--GeneralCourts--Civil ProcedureCourts--County & StatutoryCourts--JusticeElectronic Information SystemsLaw EnforcementProperty Interests--Landlord & TenantProperty Interests--Real PropertyCONSTABLESSHERIFFSTELECONFERENCINGVIDEOCONFERENCINGCOMMISSION ON LAW ENFORCEMENT, TEXASSUPREME COURT

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Bill Overview

Analyzed Economic Effects

14 provisions identified: 2 benefits, 5 costs, 7 mixed.

Renters may cover unpaid agency rent

For suits filed on or after January 1, 2026, courts determine rent shares when a government agency pays part. Either side has five days after the justice-court judgment to contest those shares, and county court may reconsider them. During appeal, landlords may ask the county court to require the tenant to deposit the full rent to remain. After notice and a hearing, the court must grant the request if the agency's required share remains unpaid. The landlord must also prove it did not cause the agency to stop paying or pay the wrong amount.

New rules for enforcing renter removal

For suits filed on or after January 1, 2026, possession orders generally cannot issue before the sixth day after judgment. An approved possession bond permits earlier issuance, and separate appeal-rent rules also allow faster orders. Orders can cover the unit and outside areas or facilities the tenant may use, if the defendant occupies or possesses them. Sheriffs, constables, or deputies must serve orders within five business days after issuance. After that deadline, landlords may choose another trained officer, including a properly identified off-duty officer; any executing officer may use reasonable force. Landlords bear issuance and enforcement costs but may recover those costs.

Renters face rulings without a trial

For suits filed on or after January 1, 2026, landlords may submit a sworn request for judgment without trial. They must provide supporting facts and documents; the court must find proper service and no genuine factual dispute preventing judgment. Renters have four days after service to respond with supporting facts and documents. A response filed later, but before judgment, can still matter if it shows a genuine dispute preventing judgment. The court must then set trial between days 10 and 21 after filing, or may set it immediately at the tenant's request. The citation must give a bold warning in English and Spanish. Courts must mail default and qualifying no-trial possession judgments to the home by first-class mail within 48 hours.

Renters must pay during eviction appeals

For residential suits filed on or after January 1, 2026, appealing tenants must pay rent into the court registry. The first rental period's payment is due within five days after appeal filing; later payments are due when each period starts. Rent follows the rental agreement; without one, the court sets the period and charges at least $250 per period. If the court determines fair market rent, the amount is the greater of $250 or that rent. The judgment must state the rent terms, and tenants must receive conspicuous notice of the amount, deadline, closing time, payment methods, payee, and eviction warning. Registry payments satisfy rent owed to the landlord only for the covered period, and landlords can request release of those funds. If required rent is unpaid and a party requests it, the court must issue a possession order without a hearing. Removal does not prevent a new county-court trial on remaining issues.

Renters get clearer appeal bond review

For residential suits filed on or after January 1, 2026, judgments must state the appeal-bond amount. Courts must consider required rent deposits, even when unpaid rent is not the reason for eviction. If a party challenges rejection of a bond, the justice court must send the dispute to county court. The county court must notify the parties and bond guarantor and hear the dispute anew within five days after docketing. A possession order generally cannot issue before the final bond decision, subject to the law's separate appeal-rent enforcement rules.

Limits on claims in eviction court

For suits filed on or after January 1, 2026, landlords must file a sworn petition in the property's justice precinct. The petition must include the information required by state court rules. The justice court decides who has the right to possess the property, not who owns it, and can issue possession orders. Parties cannot bring counterclaims or add suits against third parties to the eviction case. They may bring those claims separately in a court with authority to hear them.

Renters can owe rent after leaving

For suits filed on or after January 1, 2026, leaving after filing does not prevent a judgment for unpaid rent. Landlords may recover that rent even when the tenant leaves before the court rules. When a sworn petition seeks both possession and unpaid rent, personal service or service under state court rules can support a default judgment. A tenant who does not participate can therefore face a judgment for both possession and unpaid rent.

Renters face limits on damage claims

For suits filed on or after January 1, 2026, landlords are not liable for tenant damages resulting from enforcement of a judgment in their favor. This protection applies to judgments under the eviction chapter. It includes an officer carrying out a possession order.

New notice rules for renters facing eviction

For eviction suits filed on or after January 1, 2026, notice rules depend on the renter's payment history. For unpaid rent alone, landlords must offer a chance to pay or leave unless the renter was late before that month. Landlords may overlap required response and eviction-notice periods, and may file suit before a federal notice period ends. However, the possession order cannot be served until the federal notice period has passed. Notices may arrive by mail, delivery service, conspicuous placement inside the home, or hand delivery to a tenant age 16 or older. Electronic delivery requires written agreement; these delivery-method limits do not apply when the tenant actually receives the notice.

New timing rules for eviction appeals

For suits filed on or after January 1, 2026, appeal records generally move between 4 p.m. on day six and 4 p.m. on day 10 after appeal filing. Confirmed timely payment of the first required rent deposit allows earlier transfer. The county court must hold trial within 21 days after receiving the records. Chapter 24 deadlines exclude the triggering day but count weekends and state and federal holidays. When the last day is a weekend or holiday, the deadline moves to the next day that is neither.

Renters face faster eviction trial deadlines

For suits filed on or after January 1, 2026, sheriffs or constables must try diligently to serve papers within five business days. If service has not occurred, landlords may use another trained law enforcement officer, including a properly identified off-duty officer. Trials must be scheduled between days 10 and 21 after filing, but not before the fourth day after service. A postponement cannot exceed seven days unless both sides agree in writing.

Renters get appeal fee waiver options

For suits filed on or after January 1, 2026, parties have five days after judgment is signed to file an appeal. Timely filing of a bond, cash deposit, or sworn statement of inability to afford court costs completes this step. The statement replaces the pauper's affidavit; courts must provide a form covering household income, assets, debts, expenses, and dependents. Landlords have five days after notification to contest it, and tenants must prove they cannot pay. Approval waives the county-court filing fee, with no second statement needed on appeal. Appealing tenants must also swear they believe they have a valid defense and are not appealing just to delay.

More representation options in eviction cases

For suits filed on or after January 1, 2026, either side may use an authorized nonlawyer agent in justice court. This option applies to all justice-court eviction cases, not just unpaid-rent or holdover cases. Multifamily property owners may also use authorized nonlawyer agents in county- or district-court appeals involving unpaid rent. If both sides agree, justice courts may allow participation by video, phone, or another available electronic method. Courts are not required to offer remote participation.

Tighter limits on local eviction rules

The law reserves changes or suspensions of eviction procedures to the Texas Legislature, with a limited disaster exception. Texas Supreme Court disaster changes must cover all similarly affected courts regardless of case type, with written, public requests. Local eviction rules must follow state court rules and cannot require extra petition details, mediation, or pretrial proceedings. They also cannot authorize dismissal of petitions that meet, or can be amended to meet, state rules. The Texas Supreme Court must adopt rules needed to clarify the revised eviction process, which applies to suits filed on or after January 1, 2026.

Sponsors & Cosponsors

Sponsors

  • Paul Bettencourt

    Republican • Senate

  • César Blanco

    Democratic • Senate

  • Angie Chen Button

    House

  • Donna Campbell

    Republican • Senate

  • Creighton

    Affiliation unavailable

  • Charlie Geren

    House

  • Brent Hagenbuch

    Republican • Senate

  • Joan Huffman

    Republican • Senate

  • Bryan Hughes

    Republican • Senate

  • Lois Kolkhorst

    Republican • Senate

  • Jeff Leach

    House

  • Mayes Middleton

    Republican • Senate

  • Joe Moody

    House

  • Tan Parker

    Republican • Senate

  • Angela Paxton

    Republican • Senate

  • John T. Smithee

    House

  • Kevin Sparks

    Republican • Senate

Cosponsors

  • Trent Ashby

    House

  • Brian Birdwell

    Republican • Senate

  • Greg Bonnen

    House

  • Briscoe Cain

    House

  • Terry Canales

    House

  • Jay Dean

    House

  • Caroline Fairly

    House

  • Carrie Isaac

    House

  • Terri Leo Wilson

    House

  • David Lowe

    House

  • Will Metcalf

    House

  • Eddie Morales

    House

  • Shelby Slawson

    House

  • Steve Toth

    House

Roll Call Votes

All Roll Calls

Yes: 1,196 • No: 447

Senate vote • 5/28/2025

Record vote

Yes: 23 • No: 8

House vote • 5/24/2025

Record vote

Yes: 85 • No: 44

House vote • 5/23/2025

Record vote

Yes: 132 • No: 9

House vote • 5/23/2025

Record vote

Yes: 134 • No: 1

House vote • 5/23/2025

Record vote

Yes: 126 • No: 15

House vote • 5/23/2025

Record vote

Yes: 86 • No: 54

House vote • 5/23/2025

Record vote

Yes: 79 • No: 60

House vote • 5/23/2025

Record vote

Yes: 87 • No: 52

House vote • 5/23/2025

Record vote

Yes: 81 • No: 56

House vote • 5/23/2025

Record vote

Yes: 85 • No: 49

House vote • 5/23/2025

Record vote

Yes: 117 • No: 14

House vote • 5/23/2025

Record vote

Yes: 83 • No: 56

Senate vote • 4/10/2025

Record vote

Yes: 21 • No: 8

Senate vote • 4/10/2025

Record vote

Yes: 21 • No: 8

Senate vote • 4/10/2025

Record vote

Yes: 0 • No: 0

Senate vote • 4/10/2025

Record vote

Yes: 21 • No: 8

House vote • Unknown

Committee vote: Judiciary & Civil Jurisprudence

Yes: 6 • No: 4

Senate vote • Unknown

Committee vote: State Affairs

Yes: 9 • No: 1

Actions Timeline

  1. See remarks for effective date

    6/20/2025House

  2. Signed by the Governor

    6/20/2025House

  3. Sent to the Governor

    6/1/2025House

  4. Signed in the House

    6/1/2025House

  5. Signed in the Senate

    5/31/2025Senate

  6. Reported enrolled

    5/29/2025Senate

  7. Senate concurs in House amendment(s)-reported

    5/29/2025House

  8. Record vote

    5/28/2025Senate

  9. Senate concurs in House amendment(s)

    5/28/2025Senate

  10. Read

    5/28/2025Senate

  11. House amendment(s) laid before the Senate

    5/28/2025Senate

  12. House passage as amended reported

    5/25/2025Senate

  13. Statement(s) of vote recorded in Journal

    5/24/2025House

  14. Record vote (RV#3464)

    5/24/2025House

  15. Passed

    5/24/2025House

  16. Point of order withdrawn (Rule 8, Section 1(a)(1))

    5/24/2025House

  17. Read 3rd time

    5/24/2025House

  18. Additional sponsor(s) authorized

    5/24/2025House

  19. Rules suspended

    5/24/2025House

  20. Statement(s) of vote recorded in Journal

    5/23/2025House

  21. Record vote (RV#3417)

    5/23/2025House

  22. Passed to 3rd reading as amended

    5/23/2025House

  23. Record vote (RV#3416)

    5/23/2025House

  24. Amendment tabled (9-J. González)

    5/23/2025House

  25. Statement(s) of vote recorded in Journal

    5/23/2025House

Bill Text

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