Senate Bill 38: What Texas Landlords Need to Know
Senate Bill 38 was passed by the 89th Texas Legislature (Regular Session, 2025), signed by Governor Greg Abbott on June 20, 2025, and applies to eviction suits filed on or after January 1, 2026. It updates notice and venue rules, tightens the appeal bond and pay-into-registry process, and modernizes writ of possession procedures. 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.
Venue and Notice Expansion
Sections 24.005, 24.0051
SB 38 amended Section 24.005 (notice required before filing certain eviction suits): the eviction suit must be filed in the JP precinct where the property is located, and permissible notice-delivery methods are clarified to include mail, conspicuous-place posting on the premises, in-person delivery to a tenant or occupant 16 or older, and electronic delivery when the parties have agreed in writing.
Pay-or-Vacate Framing on First-Month Nonpayment
Section 24.005
If the tenant was not previously late or delinquent before the month of the notice, the landlord's first nonpayment notice must be in the form of a notice to pay rent or vacate. If the tenant has prior delinquency on the lease, the landlord may use either a pay-or-vacate or a straight notice-to-vacate.
Appeal Bond and Pay-Into-Registry Enforcement
Section 24.0053
SB 38 tightened Section 24.0053 around appeal bonds and pay-into-registry obligations during a county court appeal. If a tenant who appeals fails to deposit rent into the court registry as ordered, a writ of possession may issue without an additional hearing.
Writ of Possession - Timing and Officer Eligibility
Section 24.0061
Amended Section 24.0061 sets a minimum 6-day delay between the judgment date and writ execution unless the landlord files a possession bond. Eligibility to serve and execute the writ is expanded beyond sheriff and constable to include other TCOLE-trained law enforcement officers; if the primary officer has not executed within 5 business days, the plaintiff may request a replacement writ for service by another qualified officer.
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 |
|---|---|---|
| Notice delivery | Narrow set of acceptable service methods, with practical gray areas | Section 24.005 expanded: mail, conspicuous-place posting, in-person to occupants 16+, and agreed electronic delivery |
| Eviction venue | Less explicit precinct-routing rule | Suit must be filed in the justice precinct where the property is located |
| Tenant appeals and rent in registry | Tenants could appeal and remain in possession with limited enforcement of deposit obligations | Tightened pay-into-registry rules under Section 24.0053; writ of possession may issue without further hearing if tenant fails to deposit rent |
| Writ of possession execution | Limited pool of officers; longer wait between judgment and execution | Section 24.0061 sets a 6-day minimum delay (unless a possession bond is filed) and expands officer eligibility |
What This Means for Landlords
- Venue clarity -- eviction suits must be filed in the JP precinct where the property is located, removing wrong-court dismissals.
- Expanded notice methods under Section 24.005, including conspicuous-place posting, in-person delivery to occupants 16+, and agreed electronic delivery alongside traditional mail.
- Tighter pay-into-registry rules during appeal -- if a tenant who appeals fails to deposit rent as ordered, a writ of possession may issue without an additional hearing.
- Modernized writ of possession timing under Section 24.0061, including a minimum 6-day delay (waivable with a possession bond) and broader officer eligibility.
- Overall, SB 38 tightens procedure in favor of landlords who file correctly, while preserving tenant protections for legitimate disputes.
What This Means for Tenants
- Legitimate tenants with valid leases retain due process rights. SB 38 does not change the underlying right to a JP-court hearing and trial de novo on appeal.
- Tightened appeal-bond rules mean a tenant who appeals must satisfy the pay-into-registry requirements; failing to do so can result in immediate enforcement of the writ.
- Expanded notice methods give landlords more ways to serve notice, but each method still must comply with TX Property Code Section 24.005.
- Venue tightening means cases are heard in the JP precinct where the property is located; this clarifies jurisdiction and reduces procedural delay tactics.
- Overall, tenants with legitimate claims retain their rights while the system becomes more procedurally consistent.
Source Material
For attorneys, property managers, and landlords who want to read the actual legislation and code sections.
Texas Property Code Sections
- Section 24.005 -- Notice to Vacate
- Section 24.0051 -- Notice Mechanics
- Section 24.0052 -- Notice Methods
- Section 24.0053 -- Appeal Bond and Pay-Into-Registry
- Section 24.0054 -- Appeal Standards
- Section 24.0061 -- Writ of Possession
- Texas Property Code Chapter 24
SB 38 FAQ
When did SB 38 take effect?
Senate Bill 38 was passed by the 89th Texas Legislature (Regular Session, 2025), signed by Governor Greg Abbott on June 20, 2025, and applies to eviction suits filed on or after January 1, 2026.
Does SB 38 apply to all types of evictions in Texas?
SB 38 amends provisions in Chapter 24 of the Texas Property Code that govern residential eviction (forcible detainer) cases. It updates notice and venue rules, the appeal bond and rent-in-registry process, and writ of possession procedures.
What are the most important sections SB 38 changed?
Sections 24.005 (notice to vacate), 24.0051 and 24.0052 (notice mechanics), 24.0053 (appeal bond and pay-into-registry), 24.0054 (appeal standards), and 24.0061 (writ of possession).
Does SB 38 change the 3-day notice to vacate?
The 3-day notice requirement under Texas Property Code Section 24.005 remains, but SB 38 clarifies and expands the permissible methods of delivering that notice, including mail, conspicuous-place posting, in-person delivery to an occupant 16 or older, and agreed electronic delivery.
How does SB 38 affect writ of possession timing?
Under amended Section 24.0061, the writ of possession is subject to a minimum 6-day delay before execution unless the landlord files a possession bond. Eligibility for serving the writ is also expanded to include off-duty law enforcement officers in some circumstances.
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