Introduction to the New Squatter Laws in Texas 2025 Session

May 2025 Update: Texas Squatter and Eviction Law Reform

As of May 2025, Texas lawmakers are advancing two separate bills aimed at fixing the state’s approach to unauthorized occupants. While SB 1333 targets squatters directly, SB 38 restructures the eviction process statewide. These are not companion bills — they tackle different parts of the issue — but both are central to reforming how Texas handles residential property disputes.

SB 1333: Fast-Track Removal of Squatters

Senate Bill 1333, filed by Sen. Bryan Hughes, creates a process for immediate removal of squatters through the sheriff's office without going through the courts. This bill is the centerpiece of Texas’ push to crack down on squatting and address rising complaints from property owners.

Companion Bills:

• HB 414 by Leo Wilson (Identical)

• HB 1076 by Pierson (Very Similar)

• HB 2105 by Spiller (Similar)

• HB 2131 by Dean (Similar)

• HB 2454 by Toth (Similar)

• HB 3003 by Leach (Identical)

• HB 3274 by Hefner (Similar)

• HB 4223 by Troxclair (Similar)

• HB 4467 by Isaac (Identical)

Key provisions:

• Lets owners or their agents request sheriff removal of unauthorized occupants if:

  • The property wasn’t open to the public

  • No lawsuit is pending over the property

  • The occupant isn’t a current/former tenant or family member

• Requires a sworn complaint that confirms the person has no legal right to be there

• Gives law enforcement authority to:

  • Issue immediate notices to vacate

  • Arrest for trespassing or other offenses

  • Remove personal belongings to the property line

• Adds criminal penalties for:

  • Using fake leases or deeds to take over property

  • Selling or renting homes without having legal title

Effective Date: If passed, it takes effect September 1, 2025.

SB 38: Overhaul of the Texas Eviction Process

Unlike SB 1333, SB 38 focuses on modernizing eviction law statewide. It updates Chapter 24 of the Texas Property Code to speed up court cases and simplify landlord procedures, especially in justice courts.

Original bill goals:

• Introduce summary disposition to allow eviction without trial in uncontested cases

• Prevent cities or courts from adding local eviction rules or delays

• Limit state courts from pausing evictions during emergencies (as happened during COVID)

Concerns with the Original SB 38

Tenant advocates and some lawmakers pushed back on the original bill, citing risks to due process and renter protections. Major concerns included:

• Eviction without trial: The bill’s summary disposition process could let landlords evict tenants without a hearing if they didn’t respond in time — even if they never received notice.

• No legal challenge window: Renters might be evicted without ever knowing a case was filed, especially if they weren’t properly served.

• Overrides federal protections: Some language seemed to suggest landlords could bypass federal eviction pauses or notice periods, raising constitutional questions.

• Limits court authority during emergencies: It would block the Texas Supreme Court from pausing evictions in future crises like natural disasters or pandemics.

• Local aid constraints: Earlier versions would have forced local governments to fund relocation assistance if they supported tenant legal aid — an unfunded mandate that was eventually removed.

In response to these concerns, the House made targeted changes before passing the bill.

Senate and House Amendments

Senate Changes:

• Let the Texas Supreme Court temporarily change eviction procedures — but only during a disaster and only for all case types equally

• Clarified venue and deadline rules

• Removed the mandate that local governments fund tenant relocation assistance

House Changes:

• Limited summary disposition to clear squatter cases only

• Required landlords to follow all state notice rules before filing eviction

• Barred courts from rejecting petitions for lacking local forms if they follow state law

• Preserved minimum federal timelines for writs of possession

Effective Date: Applies to eviction suits filed on or after January 1, 2026.

Bottom Line: What These Bills Mean for Squatter Laws in Texas

SB 1333 and SB 38 both respond to frustrations from landlords and law enforcement, but they handle very different sides of the issue:

• SB 1333 gives sheriffs a legal way to remove squatters directly and criminalizes fraudulent leases

• SB 38 ensures landlords don’t get stuck in red tape when pursuing legal eviction through the courts

If both bills are enacted, Texas will have a stronger framework for property rights — with one law focused on getting rid of squatters, and the other making sure evictions are more consistent and efficient across the state.

Update: April 2025 Proposals to Strengthen Squatter Laws in Texas—What’s in the New Bills?

In early 2025, Texas lawmakers introduced several bills aimed at changing how squatter situations are handled across the state. While these bills haven’t passed yet, they’re generating serious attention—and if approved, they’d bring the biggest shift to squatter laws in Texas in years.

The legislation includes House Bill 1076, Senate Bill 465, and Senate Bill 1333. All three propose a faster, law enforcement-led process to remove unauthorized occupants from residential properties. Right now, many property owners feel stuck when someone occupies their property without permission, especially when those individuals present fake leases or claim tenant rights. These bills aim to fix the outdated squatter laws in Texas.

Senator Paul Bettencourt (R-Houston) described the situation as "out of control" and said it was time for a statewide fix. Local law enforcement and county officials across Texas had been seeing more cases where individuals were occupying homes and even renting them out using forged deeds. Prior to this legislation, authorities had limited tools to act quickly against these offenders.

The core proposal in each bill gives property owners or their agents the ability to file a sworn complaint with the sheriff. If the conditions are met, the sheriff can immediately serve a notice to vacate and return possession of the home—no civil eviction process required. This option only applies if the property was not open to the public, is not under litigation, and the person being removed isn’t a tenant, former tenant, or family member.

Property owners must certify under penalty of perjury that the person occupying the home has no legal right to be there. The sheriff can also stay on the property while locks are changed or belongings are moved out. The bills give sheriffs the authority to arrest individuals for trespass or outstanding warrants during the removal.

Each version of the bill also introduces criminal penalties tied to property fraud. If someone presents a fake deed or lease to claim rights to a home, they could be charged with a Class A misdemeanor. If they sell, rent, or list a property they don’t legally control, the penalties vary:

• HB 1076 and SB 1333 classify this as a first-degree felony

• SB 465 lists it as a state jail felony

These proposed penalties are meant to stop scammers from illegally renting homes they don’t own or producing documents that stall removal.

In addition, county clerks would be required to warn the public that filing fraudulent property records is a criminal offense. This extra layer of notice may help prevent forged documents from being used to occupy or sell real estate.

It’s important to note that these bills haven’t become law yet. They’re still working through the legislative process. If passed, they would take effect September 1, 2025. That said, the momentum behind the signals that changes to squatter laws in Texas are likely coming.

Property owners across the state should watch these developments closely. If you manage rental property or own vacant homes, start reviewing your paperwork and processes. These bills may soon offer a much faster route to reclaim property—but only if you meet specific conditions and follow the proper steps.

We’ll continue to update this blog as the legislation moves forward. If passed, HB 1076, SB 465, and SB 1333 will bring a new chapter to how Texas deals with squatters—making it easier for owners to act and much riskier for anyone trying to claim a home they don’t legally control.

Introduction

Texas squatter laws have long been a hot topic for property owners and landlords. In 2025, a new bill, Texas H.B. 1076, aims to make it easier to remove unauthorized occupants and strengthen property rights. Squatting—when someone occupies a property without legal permission—has been a major headache for landlords, often leading to lengthy legal battles. This bill addresses concerns about squatters rights in Texas and provides clearer, more efficient ways to handle unlawful occupancy.

With rising concerns about property security and illegal occupants, Texas lawmakers are working to protect property owners from bad actors abusing the system. What is a squatter in Texas? Simply put, it's someone who moves into a property without the owner’s permission and stays there long enough to claim some legal rights. But with this new legislation, Texas is taking a firm stance against unauthorized occupation. Squatters rights in Texas have long been a controversial issue, but this bill ensures that property owners regain control over their investments.

Support the New Texas Squatter Laws

If you’re a property owner, real estate professional, or concerned Texan, now is the time to support H.B. 1076. Contact your state legislators and urge them to approve this bill, which will provide better protections for landlords and homeowners.

Organizations like NARPM (National Association of Residential Property Managers) and Texas REALTORS are actively advocating for this bill. They recognize the importance of balancing tenant rights while preventing squatters from taking advantage of loopholes in the law. By supporting this bill, we can create a fair legal framework that respects property ownership while maintaining clear guidelines for tenancy.

Table of Contents

1. History of Texas Squatter Laws

2. How the Bill Changes Current Squatter Laws

3. How to Evict Squatters in Texas Under the New Law

4. Conclusion: How the Bill Makes Being a Landlord Easier

5. FAQ

History of Texas Squatter Laws

Texas squatter laws have evolved over time, but they have always been a source of frustration for landlords. Under Texas law, someone occupying a property without permission can, under certain circumstances, claim adverse possession—a legal principle that allows someone to take ownership of a property after living there continuously for a set number of years.

Texas squatter laws follow adverse possession rules. A squatter can claim ownership if they occupy a property openly, continuously, and exclusively for 10 years (or 3-5 years under specific conditions). They must pay property taxes and show clear intent to possess the land. Property owners can remove squatters through legal eviction. While adverse possession cases are rare, squatters often take advantage of delays in the eviction process, forcing landlords into drawn-out legal disputes. This new bill aims to tighten squatter laws and make it easier to remove illegal occupants without going through lengthy court battles.

How the Bill Changes Current Squatter Laws

The 2025 legislative session introduced H.B. 1076, which significantly changes how to evict squatters in Texas and prevents them from gaining legal protections. Here’s how it improves existing laws:

1. Criminalization of Squatting – Under the new bill, unauthorized occupation of a property is a criminal offense, making it easier for law enforcement to remove squatters.

2. Faster Removal Process – The bill allows property owners to file for immediate removal of squatters instead of waiting for a lengthy civil court process.

3. Tighter Restrictions on Adverse Possession Claims – The new law makes it harder for squatters to claim ownership, ensuring they must provide stronger proof of continuous, legal residence.

4. Clear Guidelines for Property Owners – Landlords now have a well-defined legal path to remove squatters efficiently, without having to engage in costly legal battles.

By strengthening Texas squatter laws, this bill ensures that landlords don’t have to fight unnecessary legal battles just to reclaim their own property. Squatters rights in Texas should no longer be a loophole that prevents landlords from protecting their investments.

How to Evict Squatters in Texas Under the New Law

With the passing of H.B. 1076, how to evict squatters in Texas is now much more straightforward. Under the updated process:

1. Call law enforcement immediately – Squatting is now a criminal act, meaning the police can take action right away.

2. File a complaint with local authorities – Property owners can submit a request for immediate removal without going through traditional eviction procedures.

3. Provide proof of ownership – A property title, deed, or rental agreement will be required to confirm the rightful owner.

4. Squatter removal and legal consequences – Once verified, law enforcement will remove the squatter, and they may face legal penalties, including fines or jail time.

This streamlined process eliminates much of the frustration that landlords previously faced. Instead of waiting weeks or months for a civil eviction case, Texas squatter laws now give property owners more control over their properties.

Conclusion: How the Bill Makes Being a Landlord Easier

This new squatters laws in Texas is a game-changer for landlords. By criminalizing squatting, clarifying the eviction process, and reducing the risk of adverse possession claims, it eliminates one of the biggest headaches for property owners. With stronger squatter laws, Texas landlords can now:

✅ Protect their investments without fear of unauthorized occupants taking over.
✅ Save money on legal fees by avoiding long court battles.
✅ Quickly remove squatters and get their property back on the rental market faster.

If you’re a property owner, now is the time to support this bill and ensure the new squatters laws in Texas are passed. Contact your state legislators and let them know how important it is to protect property rights.

FAQ: Frequently Asked Questions

• What is a squatter?

  A squatter is a person who occupies property without the owner's permission. Squatters may seek adverse possession to claim ownership if they meet legal requirements, such as continuous and open occupancy for a set period. Property owners must use legal eviction to remove squatters.

• Is squatting legal?

  Squatting is generally illegal because it involves occupying property without permission. However, some states allow squatters to claim adverse possession if they meet strict legal requirements, such as continuous and open occupancy for a set period. Property owners must take legal action to remove squatters.

• What are squatter laws in Texas?

  Texas squatter laws follow adverse possession rules. A squatter can claim ownership if they occupy a property openly, continuously, and exclusively for 10 years (or 3-5 years under specific conditions). They must pay property taxes and show clear intent to possess the land. Property owners can remove squatters through legal eviction.

• What are squatters rights in Texas?

  In Texas, squatters can claim adverse possession if they openly, exclusively, and continuously occupy a property for 10 years (or as little as 3-5 years with a valid deed or tax payments). Property owners must take legal action to remove squatters before they gain ownership rights.

Are you experiencing a problem with squatters in San Antonio in your rental property? We can help.