If you’ve heard about Texas’s new “squatter law,” here’s the simple version: it gives residential property owners a faster way to remove certain unauthorized occupants without going through the normal eviction process.
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In Texas, this law is tied to Chapter 24B of the Texas Property Code and is commonly associated with SB 38.
What Is the Texas Squatter Law?
The law allows a residential property owner, or the owner’s agent, to ask the sheriff or constable to remove a person who:
- entered the property unlawfully
- is occupying the home without the owner’s consent
- refuses to leave after being told to leave
This process is meant for true squatters or unauthorized occupants, not standard landlord-tenant disputes.
What Changed Under SB 38?
Before this law, property owners often had to rely on the regular eviction process, even when someone had moved into a home without permission.
The new law creates a faster removal process for certain situations involving residential property. If the legal requirements are met, law enforcement can verify the complaint, serve notice, and restore possession to the owner.
When Does the Law Apply?
The law applies only in limited situations. Generally, the property owner must show that:
- the property is residential
- the occupant entered without permission
- the home was not open to the public when the person entered
- the owner told the person to leave
- the person refused or failed to leave
Who Is Not Covered by the Squatter Law?
This law does not apply to everyone living on a property. It generally does not cover:
- current tenants
- former tenants
- the owner’s immediate family members
- owners or co-owners
- people involved in pending litigation with the owner over the property
That means this law is not a shortcut for ordinary eviction cases or family housing disputes.
How Does the Process Work?
In general, the process works like this:
- The owner or agent submits a formal complaint to the sheriff or constable.
- The complaint must state that the occupant is there without consent and does not have a valid right to possess the property.
- Law enforcement verifies that the complainant is the record owner and is entitled to use the process.
- If the requirements are satisfied, the officer serves notice and restores possession to the owner.
The law also allows the officer to remain on site to keep the peace while locks are changed and personal property is removed.
Does This Replace Eviction in Texas?
No. The squatter law does not replace the normal eviction process.
Instead, it creates a separate, faster option for a narrow group of cases involving unauthorized occupants. If the person is a tenant, former tenant, co-owner, family member, or someone with an arguable legal right to be there, regular legal procedures may still be required.
Why This Law Matters
For Texas homeowners and other residential property owners, the new law is important because it may reduce delays in regaining possession of a home from unauthorized occupants.
Its main goal is to help owners deal more quickly with people who have taken over residential property without permission, while still keeping ordinary landlord-tenant disputes outside this special process.
Bottom Line
Texas’s new “Squatter Law” under SB 38 gives residential property owners a faster legal path to remove certain unauthorized occupants through the sheriff or constable.
But it is limited. It generally applies only to true squatters—not tenants, former tenants, family members, or co-owners.
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