Tex. Property Code § 24.005106
This is the official text of Tex. Property Code § 24.005106, part of Texas’s Property Code — governs real property, landlord-tenant law, and property transactions.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 24.005106. SUMMARY DISPOSITION AND TRIAL.
Official statutory text
(a) A landlord that files a sworn petition alleging a forcible entry and detainer under Section 24.00505 may include with the petition a sworn motion for summary disposition without trial. The motion must set out all supporting facts, and documents on which the motion relies must be attached. If the motion shows that there are no genuinely disputed facts that would prevent a judgment in favor of the landlord, the court may enter judgment in favor of the landlord without a trial unless:
(1) not later than the fourth day after the date the tenant is served with the landlord's sworn petition, the tenant files a response setting out supporting facts, and providing any applicable documents, on which the response relies; and
(2) the justice court determines that service on the tenant was proper and, based on the landlord's sworn petition and the tenant's response, if any, there are genuinely disputed facts that would prevent a judgment in favor of the landlord.
(b) The justice court:
(1) may enter judgment for the landlord regardless of the tenant's response if the response does not show there is a genuinely disputed fact that would prevent judgment in favor of the landlord; and
(2) may consider a response filed by the tenant later than the fourth day after the date the tenant was served with the landlord's sworn petition and motion if the response shows there is a genuinely disputed fact that would prevent judgment in favor of the landlord and the tenant has filed the response before judgment has been entered.
(c) If the justice court determines that there are genuinely disputed facts that would prevent a judgment in favor of the landlord, the justice court shall set a trial date that is not earlier than the 10th day and not later than the 21st day after the date the petition is filed by the landlord. The justice court may immediately set the case for trial upon the tenant's request for a trial in response to a motion for summary disposition.
(d) A judgment on summary disposition under this section has the same effect as any other judgment in an eviction suit.
(1) not later than the fourth day after the date the tenant is served with the landlord's sworn petition, the tenant files a response setting out supporting facts, and providing any applicable documents, on which the response relies; and
(2) the justice court determines that service on the tenant was proper and, based on the landlord's sworn petition and the tenant's response, if any, there are genuinely disputed facts that would prevent a judgment in favor of the landlord.
(b) The justice court:
(1) may enter judgment for the landlord regardless of the tenant's response if the response does not show there is a genuinely disputed fact that would prevent judgment in favor of the landlord; and
(2) may consider a response filed by the tenant later than the fourth day after the date the tenant was served with the landlord's sworn petition and motion if the response shows there is a genuinely disputed fact that would prevent judgment in favor of the landlord and the tenant has filed the response before judgment has been entered.
(c) If the justice court determines that there are genuinely disputed facts that would prevent a judgment in favor of the landlord, the justice court shall set a trial date that is not earlier than the 10th day and not later than the 21st day after the date the petition is filed by the landlord. The justice court may immediately set the case for trial upon the tenant's request for a trial in response to a motion for summary disposition.
(d) A judgment on summary disposition under this section has the same effect as any other judgment in an eviction suit.
Status: in_force · Read it on the official government site
Dealing with a real estate matter in Texas?
See all Texas Real Estate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.