Texas SB 38: Faster Evictions for Squatters, What's Changed for LAA Members

What SB 38 Means for Lubbock Property Owners

Status Update: Senate Bill 38 has passed both chambers of the Texas Legislature and was sent to Governor Abbott's desk on June 1, 2025. If signed, it takes effect January 1, 2026.

What SB 38 Actually Does

SB 38 streamlines Texas eviction procedures, primarily targeting unauthorized occupants and squatters. While originally broader in scope, the final version focused specifically on cases involving people with no legal right to occupy the property.

Key Changes That Affect You:

Faster Default Judgments

• Courts can enter judgment in 4 days if occupants don't respond (down from 10-14 days)
• Applies only to cases involving unauthorized occupants, not regular tenant disputes

Sworn Petition Requirements

• You must file a sworn petition affirming the respondent has no right to occupy your property
• Courts can't reject filings for minor paperwork errors if the petition meets state requirements

Streamlined Process for Squatters

• Summary disposition without trial available for clear squatter cases
• Must include sworn motion with supporting documents
• If occupant doesn't respond within 3 days with supporting evidence, court can rule in your favor

Appeal Changes

• Defendants appealing must affirm good faith belief they have a defense
• Some procedural delays eliminated

Real Impact for Lubbock Owners and Managers

The Good News:

• Faster resolution of clear squatter cases once the law takes effect (weeks instead of months)
• Less room for procedural delays in legitimate unauthorized occupancy situations
• Potential cost savings on legal fees for clear-cut cases
• Time to prepare: law doesn't take effect until January 1, 2026

What Didn't Change:

• Regular owner-tenant evictions with valid leases still follow existing procedures
• Tenant protections for people with rental agreements remain intact
• Required notice periods for rent-based evictions unchanged

What You Need to Do Now

1. Update Your Legal Templates

   • Work with your attorney to create SB 38-compliant sworn petition forms
   • Ensure your notice procedures align with new requirements
   • Note: You have until January 1, 2026 to implement changes

2. Train Your Team

   • Educate staff on identifying true "unauthorized occupant" vs. regular tenant situations
   • Document suspected unauthorized occupancy immediately and thoroughly

3. Review Service Procedures

   • Confirm your process servers can handle the faster timelines
   • Ensure service methods are bulletproof since response windows are shorter

4. Connect with Local Counsel

   • Identify attorneys familiar with the new procedures
   • Ask about flat-fee packages for straightforward unauthorized occupancy cases

The Bottom Line

SB 38 gives Lubbock property owners better tools for clear-cut squatter situations without undermining legitimate tenant rights. The law won't revolutionize regular evictions, but it should help you regain control faster when dealing with people who have no business being on your property.

Important: This is a summary for informational purposes. Always consult with your attorney before taking any legal action.

Learn More: Free TAA Webinar

The Texas Apartment Association is hosting a free webinar on SB 38 and other legislative updates from the 89th session. This is your chance to get expert insights on:

• How SB 38 impacts your day-to-day operations
• Other landlord/tenant law changes you need to know
• What's coming next for the rental housing industry

Register now or contact TAA at education@taa.org or 512-479-6252 for details.