When you invest in real estate as an investor or homeowner, you spend a lot of precious time and money. Remodeling, cleaning, buying furniture and maintaining any property all require resources you have worked hard to obtain.
After getting everything just like you want it, imagine what it would be like if an unauthorized person were to move into your property.
It happens. It could happen to you.
How does Texas law help you in this dire situation?
Texas Governor Greg Abbott signed Senate Bill 38 into law on June 20, 2025, which reforms and clarifies the eviction process. The law takes effect on January 1, 2026.
“The Squatters Bill”
Senate Bill 38 overhauls Texas’ eviction procedures to create a more efficient system for removing those who do not have a legal right to occupy or to continue to possess real property. It further clarifies which courts will handle such cases and eliminates many of the delays that were embedded in previous procedures.
Under the new system, justice courts now have exclusive jurisdiction over possession disputes. The courts are not allowed to be averted by property title disputes or allow defendants to delay cases using third-party claims and counterclaims.
In addition, you can request to transfer your case to a precinct adjacent to yours if you anticipate trial delays or any service problems, although you originally must file in the precinct where the property is located. This change will help with potential court backlogs.
Greater Criminal Penalties
This law makes certain wrongful possession a criminal offense, rather than simply a civil matter, for fraudulent schemes that are often affiliated with unauthorized occupation. As such, there are serious ramifications.
For example, if a person presents fake documents claiming occupancy rights or ownership, he or she can be charged with a Class A misdemeanor. Examples include forged deeds, counterfeit leases or any fake paperwork that is designed to create a false claim to your property.
First-degree felony charges will be brought against anyone who, without legal authority, intentionally sells, rents or even advertises residential property. The purpose is to deal with criminals who intend to collect unauthorized deposits or rent payments, which affects both renters and property owners.
Enhanced Property Damage Protections
Unfortunately, but not surprisingly, squatters usually cause some type of property damage. The new law has tougher penalties for these matters. Any unauthorized person who damages the infrastructure, tampers with utilities, or affects farming operations will be penalized.
Bottomline Benefits of the New Law for Property Owners
1. Property owners can be more secure due to criminal law enforcement if they are faced with fraudulent schemes or repeat offenders.
2. The necessary steps you need to take as well as the updated timelines are clearer.
3. The new law potentially will move these eviction cases through the legal system faster by limiting judges’ ability to modify eviction procedures.
4. Your case will take less time to proceed through the system.
Get the Legal Support You Need
If you are in the unfortunate situation of having an unauthorized person (or persons) on your property, you may need help to fully understand and take advantage of the new law that supports you. I recommend you consult an attorney who understands the new law to ensure that you are taken care of as quickly and easily as possible.
Gaylene Rogers Lonergan
Board Certified Residential and Commercial Real Estate Attorney
Lonergan Law Firm, PLLC
12801 N. Central Expressway, Suite 150, Dallas, Texas 75243
(214) 503-7509
grogers@lonerganlaw.com | LonerganLaw.com
© Gaylene Rogers Lonergan and Lonergan Law Firm, PLLC, 2025. All rights reserved. This article is provided for educational reasons exclusively and is not meant to be construed as legal advice. The Lonergan Law Firm, PLLC, will represent you only after being retained and that agreement is made in writing.
