TYLER, Texas (KLTV) – State Rep. Daniel Alders (R-Tyler) said Senate Bill 38 will streamline the eviction process for Texas landlords while maintaining legal protections for tenants.
Alders said the legislation creates a 21-day timeline for evictions and allows landlords to move more quickly through the legal system when tenants fail to pay rent.
“This is an important bill for housing, for landlords, for property owners around the state of Texas, because it streamlines the process by which landlords have the right to do what they need to do in regards to their property,” Alders said.
Alders said the legislation addresses problems landlords faced during the COVID-19 pandemic, when tenants who defaulted on leases could drag out eviction proceedings.
“What does the landlord have the ability to do if it’s tied up in litigation?” Alders said. “That’s one of the things we were trying to address in SB 38 is actually making sure that property rights are something that our constitution, our laws hold sacred.”
Alders acknowledged concerns that the bill could harm tenants by forcing them out earlier than previous law allowed. He said the legislation maintains legal remedies for tenants who believe actions are taken against them improperly.
“What we want to ensure is, is if there’s a contract and the contract is broken, the property owner still holds the responsibility of having the property, and they can reclaim that property,” Alders said.
He said tenants who have not broken their lease and continue making rent payments can continue to abide by their signed lease agreements.
“We’re just trying to make sure that that contract law continues to operate the way it is intended,” Alders said.
Manuel said tenants who miss a payment can now be evicted within 10 to 21 days without a full court proceeding.
State Rep. Christian Manuel (D-Port Arthur) voted against Senate Bill 38, citing concerns the legislation will harm tenants by drastically reducing the time they have before facing eviction.
Under Senate Bill 38, evictions at rental properties and apartments will be expedited. Manuel said tenants who miss a payment can now be evicted within 10 to 21 days without a full court proceeding.
“What led me to vote no on that bill is the fact that we are putting tenants in a place where now they’re going to have 10 to 21 days to have to vacate,” Manuel said. “When we’re looking at economics, especially in rural areas, 10 to 21 days doesn’t help anybody.”
Proponents have described the legislation as addressing squatter issues, but Manuel said he does not view squatters as a significant problem in Texas.
“I don’t see where there’s a problem,” Manuel said. “I see where we have Texans who are trying to have a roof over their head, who are trying to find ways to make ends meet, and then now you’re putting an extra barrier on them to put them out of their homes, which is going to make some families homeless.”
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