SB 38 - Authorizes Expedited Evictions by Removing Hearing Requirements - Texas Key Vote

Stage Details

Title: Authorizes Expedited Evictions by Removing Hearing Requirements

Title: Authorizes Expedited Evictions by Removing Hearing Requirements

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Title: Authorizes Expedited Evictions by Removing Hearing Requirements

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes expedited evictions by removing hearing requirements in Texas.

Highlights:

  • Authorizes expedited evictions by removing hearing requirements in Texas (Sec. 1-17).

  • Specifies that a judge could rule in the landlord’s favor without a hearing, the forum where tenants currently have an opportunity to present evidence in their defense (Sec. 1-17).

  • Specifies that Landlords may file a motion with their initial eviction claim that argues there are “no genuinely disputed facts” in the case, and if the tenant does not respond within 4 days through an affidavit, the judge has discretion whether to find in the landlord’s favor by default (Sec. 1-17).

  • Specifies that judges would have been required to rule in favor of the landlord if the tenants didn’t respond via the affidavit (Sec. 1-17).

  • Authorizes landlords to file an eviction case in any adjacent precinct, not just where the property is located (Sec. 1-17).

  • Specifies that landlords can only petition to move the case to a neighboring precinct if the originating jurisdiction cannot hear the case within 21 days of it being filed or the constable cannot serve the tenant within 5 days of filing (Sec. 1-17).

  • Specifies that the provisions of this bill shall take effect immediately beginning September 1, 2025 (Sec. 18).

See How Your Politicians Voted

Title: Authorizes Expedited Evictions by Removing Hearing Requirements

Vote Smart's Synopsis:

Vote to pass a bill that authorizes expedited evictions by removing hearing requirements in Texas.

Highlights:

  • Authorizes expedited evictions by removing hearing requirements in Texas (Sec. 1-17).

  • Specifies that a judge could rule in the landlord’s favor without a hearing, the forum where tenants currently have an opportunity to present evidence in their defense (Sec. 1-17).

  • Specifies that Landlords may file a motion with their initial eviction claim that argues there are “no genuinely disputed facts” in the case, and if the tenant does not respond within 4 days through an affidavit, the judge has discretion whether to find in the landlord’s favor by default (Sec. 1-17).

  • Specifies that judges would have been required to rule in favor of the landlord if the tenants didn’t respond via the affidavit (Sec. 1-17).

  • Authorizes landlords to file an eviction case in any adjacent precinct, not just where the property is located (Sec. 1-17).

  • Specifies that landlords can only petition to move the case to a neighboring precinct if the originating jurisdiction cannot hear the case within 21 days of it being filed or the constable cannot serve the tenant within 5 days of filing (Sec. 1-17).

  • Specifies that the provisions of this bill shall take effect immediately beginning September 1, 2025 (Sec. 18).

Title: Authorizes Expedited Evictions by Removing Hearing Requirements

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