East Texas lawmaker discusses eviction process under Senate Bill 38

TYLER, Texas (KLTV) - An East Texas representative is weighing in on a state law that went into effect earlier this month that aims to clarify legal avenues when someone is illegally occupying property.

Under Senate Bill 38, authored by State Sen. Paul Bettencourt (R-Houston), an eviction trial must be held no later than 21 days after a petition is filed. In addition, tenants who lose an eviction case will be fined at least $250 dollars if they have not signed a rental agreement. The bill still requires landlords to provide a tenant with written notice to vacate.

“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,” said State Rep. Daniel Alders (R-Tyler).

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 S.B. 38 is actually making sure that property rights are something that our constitution, our laws hold sacred.”

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.

State Rep. Christian Manuel (D-Port Arthur) voted against Senate Bill 38, citing concerns the legislation will harm tenants by 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.”

Manuel added elected officials could have looked at other programs, including one to provide rent relief.

“I think it’s cruel when we know that Texans and Americans are suffering right now when it comes to financial roles to put them in a situation where they can lose their job and be out of their home within less than 30 days,” Manuel said. “Why would we want to put people in a situation where they can lose their car or their house, but most places will give you at least three months on a car before they will come and pick it up?”