Texas’ New Anti-Squatter Law (SB 1333) Is Live—Here’s How It Changes the Game for Owners and Property Managers
- Javon Moses
- Sep 7
- 9 min read
Effective September 1, 2025, Texas created a fast, law-enforcement-led path to remove true squatters—without filing an eviction case first. That change arrives via Senate Bill 1333, while a companion reform, Senate Bill 38, overhauls standard eviction timelines beginning January 1, 2026. Together, these laws reshape how owners, asset managers, and property management companies protect homes and communities across the state.
The Governor’s office explains SB 1333 “empowers sheriffs and constables to take action quickly when a property owner submits a sworn complaint” that someone has unlawfully taken possession. Texas.gov
Below is a practical, plain-English guide to what SB 1333 does (and does not do), how it interacts with SB 38, and how a professional manager like J.C. Moses Management is implementing compliant, efficient procedures across our Texas portfolio.
The Big Idea: A Faster Path for True Squatting (SB 1333)
SB 1333 adds a new Chapter 24B to the Texas Property Code that authorizes a property owner (or the owner’s agent) to ask the sheriff or constable to immediately remove a person who unlawfully entered and is occupying a dwelling without the owner’s consent—if specific conditions are met. The enrolled statute says an owner or agent “may request that the sheriff or constable… immediately remove a person who unlawfully entered and is occupying a dwelling” when those statutory criteria are satisfied. Texas Legislature Online
What has to be true to use SB 1333?
Under Property Code Chapter 24B, the owner/agent must submit a sworn complaint (there’s a template in the statute) and certify, among other things, that:
The property wasn’t open to the public when the person entered.
The property isn’t in pending litigation with that person.
The owner/agent told the person to leave, and they refused.
The person is not a current or former tenant under a lease and not an immediate family member. Texas Legislature Online
Once the complaint is verified, the sheriff/constable “shall without delay” (1) serve a notice to immediately vacate and (2) put the owner in possession, with authority to arrest for trespass or other offenses where probable cause exists. Texas Legislature Online
Why this is different from an eviction
Traditional eviction (a “forcible detainer” suit) goes through a justice court, with a petition, service, a hearing, and—if the owner prevails—a writ of possession. SB 1333 creates a separate, front-end remedy for true squatting—someone who has no lease and no consent to be there. It’s intentionally swift and law-enforcement-driven. The Texas Senate Research Center summarizes the goal as providing a “speedy resolution via law enforcement action, instead of lengthy and costly court proceedings” being the only recourse. Texas Legislature Online
Important guardrails (and risks) built into SB 1333
SB 1333 is narrow by design. If the person is a current or former tenant, this path doesn’t apply—you use standard eviction. If you use the 24B process wrongly, the law gives the removed person a quick avenue to court:
A wrongfully removed person may sue to regain possession and to recover “actual damages,” “exemplary damages equal to three times the fair market rent,” court costs, and attorney’s fees. Texas Legislature Online
The statute also shields sheriffs/constables from liability for loss or damage to property resulting from the removal, and lets them charge the same fee as for a writ of possession (plus an hourly fee if asked to remain on-site while locks are changed and belongings moved to the property line). Texas Legislature Online
New criminal penalties you should know
SB 1333 also amends the Penal Code to target common squatting tactics, including using fake leases or deeds and fraudulent sales/rentals:
Presenting a false/fraudulent document (a bogus “lease” or “deed”) to enter or remain on property is a Class A misdemeanor.
Fraudulently selling, renting, or leasing residential property to which you lack legal title or authority is a first-degree felony. Texas Legislature Online
What’s Coming Next: Faster Eviction Timelines (SB 38) on January 1, 2026
While SB 1333 handles true squatters, SB 38 modernizes eviction procedure for cases that do belong in court (e.g., nonpayment, holdover tenants, lease violations). The enrolled bill makes many technical changes; notably, it applies to suits filed on or after January 1, 2026 (with rulemaking prep starting September 1, 2025). LegiScan
The Governor’s office highlights a key scheduling requirement in SB 38: it “streamlines the eviction process… including a requirement that a court hold a trial in eviction suits within 21 days of a petition being filed.” Texas.gov
At a high level, SB 38:
Bottom line: Starting now, SB 1333 gives owners a non-court, law-enforcement route for true squatting. Starting Jan 1, 2026, SB 38 makes your court evictions faster and more predictable.
Day-One Playbook: How Owners & Property Managers Should Use SB 1333 Safely
Because SB 1333 is powerful and narrow, your process matters. Here’s the operational checklist we’re rolling out at J.C. Moses Management to keep owners protected and compliant:
1) Intake and Triage: Is this a 24B squatter or a tenant?
Ask for proof of tenancy: signed lease, rent receipts, email trails, landlord portal screenshots.
If there’s any credible evidence of a lease or former tenancy, stop—do not use SB 1333. That becomes a court eviction. (SB 1333 expressly excludes current/former tenants.) Texas Legislature Online
2) Ownership Verification Package
Before you contact law enforcement, assemble:
Deed/ownership records (county appraisal or recorded deed).
Agent’s authority (management agreement or power-of-attorney). The complaint form requires attaching this if you’re the owner’s agent. Texas Legislature Online
Government-issued ID for the complainant (also required by the statutory complaint). Texas Legislature Online
3) Document the “No Consent” + “Directed to Leave” Elements
Take photos or video showing entry without consent (e.g., broken locks, prior vacancy).
Serve a clear written directive to leave (keep dated proof). SB 1333 requires that the owner or agent directed the person to leave and the person did not do so. Texas Legislature Online
4) File the Statutory Complaint with the Sheriff/Constable
Use the complaint language in Property Code §24B.002. It’s a sworn statement under penalty of perjury—accuracy is critical. The template is embedded in the law itself. Texas Legislature Online
5) Coordinate the On-Site Removal
Once the complaint is verified, the sheriff/constable serves a notice to immediately vacate and puts the owner in possession “without delay.” They may arrest for trespass or other offenses when probable cause exists. Texas Legislature Online
Expect to pay a statutory fee (same as a writ of possession) and potentially an hourly rate if you ask the officer to remain on-site during lock change and curbside placement of personal property. Texas Legislature Online
Officers are not liable for loss or damage resulting from removal; owners/agents also have limited protection except when the removal is wrongful. Texas Legislature Online
6) Handle Property Carefully—But Don’t Over-Engineer Storage
Under §24B.003(g)–(h), the officer can remain to keep the peace while locks are changed and personal items are placed at or near the property line. Plan tarps/clear space and take body-cam-style video for your file. Texas Legislature Online
7) Minimize Wrongful-Removal Exposure
Double-check the tenant exclusion: If it’s a tenant or former tenant, stop.
Confirm no pending litigation with the occupant.
Re-verify ownership name matches county records.
Keep a paper trail (photos, directives to leave, police reports, time-stamped logs).
Remember: Wrongful removal exposes the requester to actual damages plus treble fair-market rent, court costs, and attorney’s fees—and the occupant can get on a court’s docket quickly for relief. Texas Legislature Online
Practical Scenarios
Scenario A: Vacant rental, break-in, fake lease shoved under the door.This is classic SB 1333. If your investigator confirms no listing agreement, no lease, and you can document entry without consent plus a refusal to leave, file the §24B complaint with the sheriff/constable. If the “lease” is bogus, SB 1333 also creates a Class A misdemeanor for presenting fake real-estate documents to remain on property. Texas Legislature Online
Scenario B: Holdover tenant after lease expired.That’s not SB 1333—use eviction (and, after Jan 1, 2026, benefit from SB 38’s faster, clearer timelines and the 21-day trial setting). LegiScanTexas.gov
Scenario C: Relative of owner won’t leave.SB 1333 excludes immediate family members. You’ll use traditional legal remedies (often eviction, sometimes different civil actions, depending on facts). Texas Legislature Online
Scenario D: Airbnb guest overstays.Facts matter—some guests morph into “tenants” under local law or contract terms. Treat cautiously. If there’s any credible rent/tenancy arrangement, don’t use SB 1333; speak with counsel and prepare a standard eviction.
How J.C. Moses Management Is Implementing SB 1333 for Texas Owners
As a full-service Texas property management firm, J.C. Moses Management is already operational on SB 1333 (effective Sept 1, 2025), and preparing clients for SB 38 (effective Jan 1, 2026). Our program includes:
24B Decision Tree in our intake CRM to separate squatter vs tenant cases.
County-by-county workflows (many sheriff/constable offices will publish local process tips—our team tracks these).
Evidence kits (ownership docs, agent authority, ID, photo/video logs, written directives to vacate).
On-site protocols for coordination, safety, and property handling when officers arrive.
Risk controls (a second-review step before any 24B filing, to reduce wrongful-removal risk).
Owner communication—clear fee schedules, timelines, and post-recovery re-securing plans.
If you want a professional team to run the process—and avoid costly missteps—we can help. Check us out at www.jcmosesmanagement.com or call 832-338-5594. (We also handle leasing, tenant placement, and acquisitions if you’d rather sell or reposition.)
What Owners Should Do This Week
Audit your portfolio for vacant or vulnerable homes (listed, under rehab, or recently turned).
Secure windows/doors, add monitored alarms, and consider smart locks.
Update your management agreement to expressly authorize the agent to sign the 24B complaint and coordinate with law enforcement. Texas Legislature Online
Prepare your documents (deed, IDs, management contract) so a 24B complaint can be filed same-day if needed.
Train your team to distinguish squatters (24B) from tenants (eviction).
A Quick Word on Evictions (SB 38) and 2026 Planning
Even with SB 1333, evictions don’t disappear—they remain the route for tenants. Build your 2026 playbook around SB 38’s improvements:
SB 38 “streamlines the eviction process… including a requirement that a court hold a trial in eviction suits within 21 days” of filing. Texas.gov
And per the enrolled text, the changes apply to suits filed on or after January 1, 2026—with Supreme Court rules to clarify procedures effective September 1, 2025. LegiScan
FAQs
Does SB 1333 apply to duplexes, fourplexes, or single-family rentals?Yes—residential dwellings. Confirm it’s a dwelling and that the person isn’t a tenant/family member. Texas Legislature Online
How fast is “without delay”?The statute uses that phrase, and the Governor’s office underscores swift action. Exact timing can vary by county workload. Texas Legislature OnlineTexas.gov
Will the officer store personal property?No. The statute contemplates placing property at or near the property line; the officer may stay to keep the peace (for a reasonable hourly fee). Texas Legislature Online
Can I get in trouble if I make a mistake?Yes. The wrongful removal section allows the occupant to seek possession, actual damages, treble rent, costs, and attorney’s fees—and courts must set hearings quickly. Accuracy matters. Texas Legislature Online
The J.C. Moses Advantage
Whether you face a squatter today or want to tighten your 2026 evictions playbook, J.C. Moses Management brings process discipline, documentation, and relationships with local sheriffs/constables and title teams. Need help buying or selling? We do that, too—full-service brokerage and property management under one roof. Call 832-338-5594 or visit www.jcmosesmanagement.com to get started.
(This article is general information, not legal advice. For specific situations, consult a Texas real-estate attorney.)
Sources & Further Reading
Texas Governor’s Office — Governor Abbott Signs Laws To Remove Squatters From Private Property (press release; Aug. 14, 2025). Texas.gov
Texas Governor’s Office — New Laws Going Into Effect September 1 (press release; Sept. 1, 2025), highlighting SB 1333 implementation. Texas.gov
Texas Legislature Online (TLO) — SB 1333, Enrolled: Adds Property Code ch. 24B; effective Sept. 1, 2025. Texas Legislature Online+2Texas Legislature Online+2
Texas Legislature Online (TLO) — SB 38, Enrolled: Applies to eviction petitions filed on/after Jan. 1, 2026; rulemaking effective Sept. 1, 2025. LegiScan
Senate Research Center, Bill Analysis (Enrolled) — SB 1333 intent and summary. Texas Legislature Online
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