Why Texas City Eviction Ordinances Can't Override the Property Code

Tex. Prop. Code s. 1.004(a) says that, unless another statute expressly authorizes it, a city or county “may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code,” and subsection (b) says that field includes rules on evictions and notices to vacate. The text does not tell you whether any particular local ordinance is enforceable today.

What s. 1.004 says

The section has two subsections, quoted here from the statute:

(a) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
(b) For purposes of Subsection (a), a field occupied by a provision of this code includes an ordinance, order, or rule regulating evictions or otherwise prohibiting, restricting, or delaying delivery of a notice to vacate or filing a suit to recover possession of the premises under Chapter 24.

Read in order: (1) the exception is “Unless expressly authorized by another statute”; (2) the bar covers adopting, enforcing, or maintaining; (3) the stated consequence is “void, unenforceable, and inconsistent with this code”; (4) subsection (b) says the occupied field “includes” eviction rules and rules delaying a notice to vacate or the filing of a possession suit. The History line reads: “Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 15, eff. September 1, 2023.”

How it ties to Chapter 24

Section 24.0043(a), quoted from the statute: “Except as provided by Subsection (b) but notwithstanding any other law, only the legislature may modify or suspend procedures prescribed by this chapter.” It does not name cities; it says “only the legislature.” Subsection (b) preserves a limited power of the supreme court, under Section 22.0035(b), Government Code, to modify or suspend certain provisions for court proceedings affected by a disaster, only if the change applies to all similarly affected courts “without regard to the subject matter of an action” and any request is “made in writing and available to the public.” The History shows an amendment by “Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 12.09, eff. January 1, 2026.” Our files do not include H.B. 16, so we cannot say which words it changed.

The state notice rule is in s. 24.005(a): “at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.”

What H.B. 2127 says

The enrolled text of H.B. 2127 (88th Leg.) says in Section 1: “This Act shall be known as the Texas Regulatory Consistency Act.” In Section 15 it amends Chapter 1 of the Property Code by adding Section 1.004, with the same wording as above. Section 7 adds Chapter 102A to the Civil Practice and Remedies Code and lists “Section 1.004, Property Code” among its provisions; a person with “an injury in fact, actual or threatened” from a violating local rule “has standing to bring and may bring an action against the municipality or county,” with remedies of “declaratory and injunctive relief” plus costs and attorney’s fees. That chapter is outside the Property Code, and any later changes to it are not in our files.

What the statute text does not tell you

• Whether a particular city ordinance is enforceable. The text gives a rule (“void, unenforceable”) but does not apply it to any ordinance, and it does not list the statutes that might “expressly authorize” local rules.
• Court rulings. Court rulings and appeals about H.B. 2127 or s. 1.004 are not in the files this guide relies on. We state none and make no prediction.
• Other local rules. Some Property Code sections mention local ordinances expressly, for example s. 92.208 (“this subchapter does not prohibit the adoption of a local ordinance that conforms to this subchapter but which contains additional enforcement provisions”). Whether such wording is an “express” authorization under s. 1.004(a) is not answered by either section.
• How a justice court treats a local rule in your case. That is outside the Property Code.

What a landlord can do

1. Ask your city or county whether any ordinance, order, or rule addresses evictions or notices, and get a copy, noting the date and who told you.
2. Build your notice on the state rule in s. 24.005, including its delivery methods in (f-3).
3. Before relying on, or ignoring, a local rule, ask a Texas attorney whether it is enforceable now.
4. Ask the justice court clerk about local forms and filing steps; those are outside the Property Code.

Common mistakes

• Assuming a city rule binds you without checking, or assuming it is void without checking. Section 1.004 says violating rules are void; it does not say which rules violate it.
• Citing s. 24.0043 as if it named cities. It says “only the legislature.”
• Calling H.B. 2127 a Property Code section. The code section is s. 1.004; H.B. 2127 is the act that added it.
• Confusing a justice court’s local rules and forms (s. 24.00506) with a city ordinance. They are different things.
• Skipping the state notice because a local rule seems to replace it. Section 24.005 still says the landlord “must give” the notice.

Sources

• Tex. Prop. Code s. 1.004 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.0043 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.005 — Texas Legislature, Property Code
• Tex. Prop. Code s. 24.00506 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.208 — Texas Legislature, Property Code

Related guides

• Texas Security Deposit Law: The 30-Day Rule and 'Surrender' (2026)
• Texas Forwarding Address Rule: Does the 30-Day Clock Start? (92.107)
• Texas Itemized Deposit List: What to Include and What Not to Deduct
• Texas Bad-Faith Deposit Penalty: $100 + 3x + Fees (s. 92.109)
• Texas Notice to Vacate vs. Notice to Pay Rent or Vacate After SB 38
• How to Count Days for a Texas Eviction Notice (s. 24.0042)
• Delivering a Texas Notice to Vacate in 2026: The Four Methods
• Texas Eviction Steps in 2026: Petition, Hearing, Writ of Possession
• Texas Late Fee Rules: Two-Full-Days Rule, Reasonable Fees (2026)
• Can a Texas Landlord Change the Locks Over Unpaid Rent? (s. 92.0081)
• Texas Landlord Notices by E-mail: s. 92.113 vs. Notice to Vacate

Informational only, not legal advice. Statute text checked against the Texas Property Code (Chapters 1, 24, 91 and 92) as published by the Texas Legislative Council on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Texas landlord-tenant attorney.