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Law & PolicyDallas-Fort Worth, TX6 min read

Texas SB 38 Eviction Reform Hits DFW

Texas SB 38 overhauls evictions and squatter removal effective Jan 1, 2026 - what DFW buyers, renters, and owners need to know.

Published June 28, 2026
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What SB 38 does, and when it takes effect

The biggest change to Texas eviction law in years is now live:

  • -Senate Bill 38 (89th Legislature, 2025), authored by Sen. Paul Bettencourt, is captioned 'relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises,' the largest overhaul of Texas eviction law in years (Texas Legislature Online, capitol.texas.gov).
  • -Gov. Greg Abbott signed SB 38 on June 20, 2025; most of the act takes effect January 1, 2026, and applies to eviction suits filed on or after that date, with one section effective September 1, 2025 (Texas Legislature Online / MetroTex).
  • -SB 38 amends the Texas Property Code and standardizes the required 3-day written notice to vacate before filing, and now expressly permits delivery by mail, in person, or electronically when the tenant agreed in writing (RentRed Team / property-management sources).
  • -The bill creates a new summary disposition (judgment-without-trial) track aimed at unauthorized occupants (people with no lease and no legal right) who have 4 days to respond; if there is no genuine dispute of fact, a court can rule without a full trial (MetroTex / Texas Eviction Team).

Faster timelines and appeal rules

The process is now compressed and uniform statewide:

  • -Justice courts must set eviction trials within a tight window, between day 10 and day 21 after filing, and not before day 4 after service, so the whole process is compressed to about three weeks (RentRed Team / MetroTex).
  • -Local courts can no longer add extra procedural steps unless specifically authorized by statute, creating one uniform statewide eviction procedure (MetroTex).
  • -Tenants who appeal must post a bond or cash deposit (or file a sworn statement of inability to pay) and must keep paying rent during the appeal, set by the lease, or at least $250 or fair-market rent where no lease exists (RentRed Team).
  • -A companion 2025 law, SB 1333 (effective September 1, 2025), adds a law-enforcement path: an owner can file an affidavit with the sheriff or constable to remove a true squatter, and producing a fraudulent lease or deed is a Class A misdemeanor, while leasing property you have no title to can be a felony (capitol.texas.gov).

How a DFW buyer, renter, or owner uses it

The practical impact depends on which side of the lease you are on:

  • -Owners in Dallas and Tarrant counties who find an unauthorized occupant can now use the SB 38 summary track (post-Jan 1, 2026) or the SB 1333 sheriff-affidavit route (since Sept 1, 2025) instead of a months-long court fight, but they must document that the occupant has no lease (Texas Legislature Online).
  • -Renters gain clarity but face risk: appeals now require swearing the appeal is in good faith and not a delay tactic, plus continued rent payment, so DFW tenants should respond within the 4-day window and keep proof of any lease or payments (Houston Public Media / FOX 7 Austin).
  • -Buyers should confirm a home is not occupied by a wrongful party before closing: verify the current owner on record and check for any recorded eviction or lis pendens, because SB 1333 penalizes fraudulent deeds and unauthorized leasing that scammers use to occupy vacant homes.
  • -Because wrongful removal under SB 1333 exposes an owner to actual damages, treble fair-market rent, court costs, and attorney's fees, owners should verify occupant status before invoking fast-track removal rather than assuming someone is a squatter (property-management legal summaries).

Verify it yourself

SB 38 and SB 1333 turn on whether an occupant actually has a legal right to the property, so the fix starts in county records. Pull the recorded deed from the Dallas County or Tarrant County Clerk's official public records to confirm the true owner, then cross-check the Dallas (DCAD) or Tarrant (TAD) appraisal district owner-name search, and look for any recorded lis pendens or prior eviction. A mismatch between the recorded deed owner and whoever is occupying or 'leasing' the home is the classic signature of a fraudulent-lease or squatter situation that SB 1333 criminalizes, letting a buyer, renter, or owner flag it before closing or before a wrongful fast-track removal that carries treble-rent liability.

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Frequently asked questions

When does Texas SB 38 take effect?

Gov. Abbott signed SB 38 on June 20, 2025. Most of the law takes effect January 1, 2026 and applies to eviction suits filed on or after that date; one section took effect September 1, 2025. The related squatter-removal law, SB 1333, took effect September 1, 2025.

Does SB 38 make it easier to evict renters in DFW?

It speeds the process for everyone: a standardized 3-day notice, trials set within about 10 to 21 days, and uniform statewide procedures. Its fast summary-judgment track is aimed mainly at unauthorized occupants with no lease. Renters still have rights: a response window, the ability to appeal, and continued possession if they post bond and keep paying rent.

What is the difference between SB 38 and SB 1333?

SB 38 overhauls the court eviction (forcible-detainer) process for all cases starting January 1, 2026, including a judgment-without-trial track for unauthorized occupants. SB 1333, effective September 1, 2025, adds a separate law-enforcement route letting an owner file an affidavit with the sheriff or constable to remove a true squatter, and criminalizes fraudulent leases and deeds.

How can I confirm who legally owns a DFW property?

Search the Dallas County or Tarrant County Clerk's official public records for the recorded deed, the authoritative source of ownership, and cross-check the Dallas (DCAD) or Tarrant (TAD) appraisal district for the listed owner. Appraisal-district data alone is not a substitute for the recorded deed.

Sources

  • Texas Legislature Online (capitol.texas.gov): SB 38, 89th Legislature, bill text, caption, author, and effective dates (2025)
  • Texas Legislature Online (capitol.texas.gov): SB 1333, 89th Legislature, squatter-removal affidavit and fraudulent-lease penalties (2025)
  • MetroTex Association of REALTORS (mymetrotex.com): 'SB 38 Brings Big Changes for Texas Evictions' (2025)
  • Houston Public Media: Texas eviction law speeding removal of illegal occupants takes effect Jan. 1 (2025)
  • FOX 7 Austin: 'SB 38: How a new property rights law changes the game for Texas renters' (2025)
  • RentRed Team (rentredteam.com): 'Texas SB 38: 2026 Eviction & Squatter Rules DFW Landlords Must Know' (2025)
  • Tarrant County Clerk Real Estate Records and Dallas Central Appraisal District (DCAD) property search (2026)
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