Texas passes new measures to address an increase in squatter-related cases

Texas strengthens laws to tackle squatter cases

Texas is taking bold steps to tackle a growing challenge facing homeowners: unauthorized occupants taking over properties. New laws are changing how evictions and removals work, giving property owners and law enforcement faster tools to act.

But these changes also raise questions about tenant protections and legal balance. What do these updates mean for property owners, tenants, and the future of property rights in Texas?

Unauthorized occupants and how the law refers to them

Texas statutes do not use the single word “squatter” as a formal legal definition but refer to unauthorized occupants or individuals without a lawful claim. Courts consider a person’s right to be on property based on whether they have a lease, title, etc.

Under the updated laws, judges and law enforcement are guided by clearer procedures to distinguish unauthorized occupancy from lawful tenancy disputes. This makes it easier to handle cases where possession rights are not legitimately claimed.

Senate Bill 38 simplifies eviction timelines

Senate Bill 38 creates timelines requiring justice courts to schedule eviction trials for unauthorized occupants within a defined period after a complaint is filed. The intent is to reduce delays that previously occurred under older eviction procedures.

While judges still review each case, the fixed timelines limit how long issues can linger before resolution. This change helps owners and courts complete unauthorized occupant hearings more predictably.

Senate Bill 1333 gives law enforcement new authority

Senate Bill 1333 allows sheriffs and constables to remove unauthorized occupants when presented with a sworn complaint indicating no legal right to be on the property. Law enforcement no longer must rely solely on traditional civil eviction in clear cases.

The bill also increases penalties for fraud involving false property documents and misrepresentation of occupancy rights. These additions aim to protect owners from schemes that exploit legal gaps.

When the changes take effect

Senate Bill 1333 took effect on September 1, 2025, letting law enforcement begin using the new removal procedures. SB 38 became effective on January 1, 2026, updating eviction procedures early this year.

This staggered schedule gives courts and law enforcement time to adapt forms, training, and processes. Property owners should review both timelines so they know when each law applies.

Filing a sworn complaint for removal

Under SB 1333, a property owner or their agent can file a sworn complaint with local law enforcement stating that an occupant has no lease, title, or legal right to be on the property. This affidavit enables officers to remove the unauthorized occupant.

The process aims to reduce the number of prolonged court cases where occupancy rights are not legitimately claimed. Law enforcement must follow the affidavit and procedural rules when conducting removal.

Eviction cases must meet set deadlines

SB 38 requires justice courts to set eviction trial dates for unauthorized occupants within a specific number of days after filing. Judges must adhere to these deadlines unless exceptional circumstances are shown.

This timeline standardization is meant to prevent long waits in court calendars and encourage faster resolution. Owners and tenants alike benefit from predictable scheduling.

Summary judgment options in certain cases

In unauthorized occupant cases where key facts are undisputed, courts may use summary judgment to resolve the matter without a lengthy hearing. Summary judgment can reduce time when both sides agree that the occupancy is unauthorized.

This tool is limited to clear cases where evidence shows no legitimate lease or ownership. It does not replace full hearings when real disputes exist.

Notice of eviction remains required

Although timelines change, SB 38 still requires proper notice to occupants before eviction proceedings begin. Landlords must use methods recognized by Texas law to ensure occupants receive these notices.

Proper notice helps avoid unnecessary disputes over whether occupants were informed of legal actions. This procedural requirement protects both occupants and owners.

Criminal penalties for property fraud

SB 1333 increases penalties for fraud involving property rights, including presenting fake deeds or forged documents to claim occupancy. These actions can be charged as criminal offenses under current Texas statutes.

The added penalties aim to deter people from using deception to occupy property and protect legitimate owners. Law enforcement and prosecutors now have more tools to pursue fraud cases.

Protections for wrongful removals remain

The laws include safeguards for individuals who are mistakenly removed from property they have a legal right to occupy. Wrongfully removed occupants can pursue civil remedies, including damages and attorney fees.

This ensures property owners and law enforcement act within legal bounds when using the expedited procedures. The protections encourage careful verification before removal.

Impact on property owners

Property owners in Texas now have clearer, faster legal pathways to address unauthorized occupancy, reducing uncertainty about how to regain possession. The changes modernize older procedures that varied widely in practice.

While some landlords support the reforms, they must still follow proper steps, such as filing affidavits and providing notices. The updates emphasize legality and predictability.

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Tenant advocate concerns

Housing advocates in Texas raised concerns that expedited procedures might be misapplied to lawful tenants if occupancy rights are unclear. They emphasize that tenants with valid leases should not be confused with unauthorized occupants.

Advocates argue that courts must carefully assess each case to ensure genuine tenant protections remain intact. This viewpoint reflects ongoing debate about balancing property rights with tenant safeguards.

The internet is also talking about why this small Texas town called “The Garden of Texas” is worth a stop.

Stay informed on the latest Texas property laws and how they affect homeowners and tenants. If you found this slideshow helpful, like and comment with your thoughts or questions.

This slideshow was made with AI assistance and human editing.

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