By: Gregory Ann Goldrick
Presented by Attorney Roberto “Bobby” Rodriguez, Higier Allen Lautin
The Fort Worth Apartment Association recently hosted an informative legal webinar with Attorney Roberto “Bobby” Rodriguez, shareholder at Higier Allen Lautin. The session, titled Understanding SB 38, provided members with a comprehensive overview of the significant legislative changes introduced by the passage of Senate Bill 38, effective January 1, 2026.
Bobby guided attendees through the most important updates to Texas Property Code provisions and eviction procedures, ensuring property owners, managers, and industry partners are better prepared for the upcoming legal landscape.
Key Topics Covered
- Notices to Vacate and Notices to Pay
- Clarified the new rules governing how and when notices must be delivered.
- Differentiated requirements for tenants who have previously received notices for non-payment vs. first-time cases.
- CARES Act 30-Day Requirement
- The 30-day notice requirement for CARES Act properties now runs concurrently with the state’s notice to vacate.
- Properties covered include federally backed or subsidized dwellings (e.g., Fannie Mae, Freddie Mac, HUD, Section 8).
- Delivery of Notices (Tex. Prop. Code 24.005(f-3))
- New provisions clearly outline approved delivery methods for notices to pay or vacate.
- Squatters vs. Tenants
- Differentiation between lawful tenants and unlawful occupants.
- New expedited eviction procedure for squatters, with added criminal penalties for fraudulent occupancy and trespass.
- Court Limitations (Tex. Prop. Code 24.0043, 24.00506)
- Courts may no longer adopt local rules, forms, or standing orders altering eviction timelines or procedures without legislative authority.
- Prevents municipalities from creating conflicting local eviction rules.
- Appeal Procedures
- Justice courts must now forward eviction cases to county courts within strict deadlines.
- Clear rules established for rent payment requirements during appeals.
- Computation of Time (Tex. Prop. Code 24.0042)
- Updates rules on how to calculate deadlines, including what days to count, effective January 1, 2026.
Key Takeaways from Bobby Rodriguez
- Education is critical. TAA and affiliates will continue hosting webinars to keep members informed.
- Stay engaged locally. Attend affiliate programs and Q&A opportunities to ensure readiness.
- Plan ahead. Mark your calendar for the 2026 FWAA – TAA Legal Red Book Seminars on March 3rd at Hurst Conference Center.
- Prepare for transition. Although SB 38 takes effect January 1, 2026, forms and guidance will be updated by TAA well in advance.
For follow-up questions or legal guidance, you can reach:
Robert “Bobby” Rodriguez
Shareholder, Higier Allen Lautin
(972) 716-1873 ext. 213
rrodriguez@higierallen.com
2711 North Haskell Ave, Suite 2400
Dallas, Texas 75204
FWAA thanks Attorney Bobby Rodriguez for his expertise and commitment to keeping our members ahead of critical legislative changes.
Gregory Ann Goldrick is FWAA’s Director of Education. For more information about any of FWAA’s education or training programs, visit livefw.org.
