Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.
CriticalImmediate action required
Medium Cost
Effective:2025-09-01
Enforcing Agencies
County Sheriffs • County Constables • Local District Attorneys (Prosecution of new criminal offenses)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline:September 1, 2025 (All protocols must be active; criminal penalties apply to conduct starting this date).
Agency Rulemaking: No central state agency rulemaking is mandated. However, individual County Sheriff and Constable offices will develop decentralized intake procedures between now and the effective date. Expect a "regulatory gray zone" regarding fee standardization and intake hours during Q4 2025.
Immediate Action Plan
1.Update Insurance: Review E&O and General Liability policies to determine if "wrongful removal" or statutory treble damages are covered.
2.Draft "Proof of Authority" Checklists: Prohibit agents from listing any property for lease or sale without physical review of the recorded deed to avoid felony liability.
3.Liaise with Law Enforcement: Contact local Constable precincts in August 2025 to obtain their specific fee schedule and preferred intake method for Sec. 24B complaints.
4.Segregate Workflows: Create a distinct operational workflow for "Squatter Removal" separate from "Tenant Eviction" to prevent procedural cross-contamination.
Operational Changes Required
Contracts
Property Management Agreements (PMAs): You must amend PMAs to explicitly authorize the Agent to sign the Sec. 24B.002 Sworn Complaint. Add an indemnification clause protecting the Agent if the Owner provides false information regarding the occupant’s status (e.g., failing to disclose a family relationship).
Listing Agreements: Insert strict representations and warranties requiring the seller/landlord to prove legal title. This is necessary to mitigate the new First Degree Felony risk under Sec. 32.57 for listing properties without authority.
Hiring/Training
Triage Training: Frontline staff must be trained to distinguish between a "tenant holding over" (requires judicial eviction) and an "unauthorized occupant" (eligible for SB1333 removal). Misidentifying a tenant as a squatter triggers treble damages.
Notary Protocols: Staff signing complaints must understand they are signing under penalty of perjury.
Reporting & Record-Keeping
Statutory Form Adoption: You must integrate the specific "Complaint to Remove Person Occupying Dwelling" form detailed in Sec. 24B.002 into your software systems. Generic affidavits will be rejected.
Audit-Ready Files: To utilize this law, the Sheriff requires immediate proof of ownership (Deed) and authority (Management Agreement). These cannot be "pending" in a file; they must be physically present at the time of the request.
Fees & Costs
Removal Service Fee: Budget for a fee payable to the Sheriff equivalent to the county's existing fee for a Writ of Possession.
Standby Costs: The law authorizes Sheriffs to charge a "reasonable hourly rate" to remain on-site while locks are changed or property is removed. This must be paid by the owner/agent.
Strategic Ambiguities & Considerations
Sheriff's "Verification" Standard: The statute requires the Sheriff to "verify" the complaint but does not define the methodology. Risk-averse Sheriffs may refuse to act if the occupant makes a verbal claim of an oral lease, forcing the owner back to the judicial eviction process.
"Immediate" Removal: The law commands "immediate" removal, but this is subject to law enforcement resource availability. In major metros, "immediate" may practically mean 24-72 hours.
Civil Liability Insurance Gaps: The statutory penalty for wrongful removal includes "3x fair market rent." Many General Liability policies exclude statutory/punitive damages and intentional torts.
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S.B. 1333 seeks to strengthen property owner rights by providing an initial step for property owners to recover their homes from squatters through a speedy resolution via law enforcement action, instead of lengthy and costly court proceedings being their only recourse.
Eviction proceedings are classified as a civil case and aim to resolve traditional landlord/tenant disputes, one where there is a written or oral rental agreement, and one party has violated a term of the agreement. This process is lengthy in nature, as it requires the landlord to issue a written notice of eviction, with typically a three-day period before the eviction suit may be filed with the justice of the peace court where the property is located�from the get-go, these are delayed, as these cannot take place any time before 10 days after the petition has been filed. When a judgment is issued, there is a five-day period to allow both parties to file an appeal. After a final judgment and a writ of possession is issued, there is still a 24-hour notice period before the property owner is able to finally recover the property.
Complex squatter issues are on the rise and clarity is needed for law enforcement to assist. Property owners who find themselves with a squatter problem and begin to navigate this process by serving eviction notices themselves are dismissed or threatened by the squatter. When they seek help from local law enforcement, they are often unwilling to interfere as these are civil cases. If they are called to the site because of an escalated situation, in some instances, squatters claim their right to the property orally, or more seasoned squatters produce a fake lease preventing law enforcement from removing them, leaving the property owner back where they started.
Property owners in this situation are severely financially impacted since they need to meet financial obligations associated with the property, while the squatter has possession of the home and throughout the entirety of the dispute proceedings in court. Because the squatter rarely maintains the property, when owners finally recuperate their home, it is found in disarray, at best, but typically it is in unlivable conditions and the owner then needs to spend significant resources in repairs.
S.B. 1333 would clarify and bring clear guidelines for law enforcement's intervention:
Clarify that the property owner has a right to request the removal from their property if a person unlawfully entered and is occupying their property without the owner's consent and is not a family member or a current or former tenant of the property owner, in order to protect tenant/landlord existing statute.
Provides a clear pathway for the sheriff's [or constable's] office involvement as a first step:
The property owner is required to file an affidavit with the sheriff's [or constable's], testifying the occupant has no legal right to be there and they've directed the person to leave the property and the person has not done so.
The sheriff's [or constable's] office is required to verify that the complainant is the record owner of the property before proceeding with the removal process.
The sheriff's [or constable's] office is required to contact the person accused of squatting, give notice of the complaint and recover the property. It allows the property owner to recover damages between $1,000 and $300,000 if the property was damaged or destroyed by the squatter(s).
The sheriff [or constable] is entitled to compensation fees equal to those incurred from executing a writ of possession. If the property owner requests for the sheriff [or constable] to remain on the property while the owner changes the locks or removes any items left behind by squatter(s), they are entitled to compensation by an hourly rate set by the sheriff [or constable's] office. Releases them from liability or any destruction of property.
In the event of a wrongful removal, the person who was removed is allowed to seek remedies against the person who sought the removal. The remedies include actual damages, exemplary damages three times the fair market rent of the dwelling, court costs, and reasonable attorney's fees.
Creates a framework to deter squatters and those from engaging in activities that encourage squatting:
Producing a false, fraudulent, or fictitious lease or deed is classified as a Class A misdemeanor.
Classifies as a felony the leasing of property to another person without having a legal title or authority to do so.�����������
As proposed, S.B. 1333 amends current law relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creates criminal offenses; increases a criminal penalty; and authorizes a fee.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 28.03(b), Penal Code, as follows:
(b) Provides that, except as provided by certain subsections, an offense under Section 28.03 (Criminal Mischief) is:
(1)-(3) makes no changes to these subdivisions;
(4) a state jail felony if the amount of pecuniary loss is of certain amounts, including, except as provided in Subdivision (6)(B), less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;
(5) makes no changes to this subdivision;
(6) a felony of the second degree if the amount of pecuniary loss is:
(A) creates this paragraph from existing text and makes no further changes; or
(B) $1,000 or more but less than $300,000, if the property damaged or destroyed is a habitation and it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 30.05 (Criminal Trespass); or
(7) makes no changes to this subdivision.
SECTION 2. Amends Subchapter D, Chapter 32, Penal Code, by adding Sections 32.56 and 32.57, as follows:
Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT CONVEYING REAL PROPERTY INTEREST. (a) Provides that a person commits an offense if, with intent to enter or remain on real property, the person knowingly presents to another person a false, fraudulent, or fictitious document purporting to be a lease agreement, deed, or other instrument conveying real property or an interest in real property.
(b) Provides that an offense under this section is a Class A misdemeanor.
(c) Authorizes the actor, if conduct that constitutes an offense under this section also constitutes an offense under any other law, to be prosecuted under this section or the other law, but not both.
Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF RESIDENTIAL REAL PROPERTY. (a) Provides that a person commits an offense if the person knowingly:
(1) lists or advertises for sale, rent, or lease residential real property while knowing that the person offering to sell, rent, or lease the property does not have legal title or authority to sell, rent, or lease the property; or
(2) sells, rents, or leases to another person residential real property to which the person does not have legal title or authority to sell, rent, or lease.
(b) Provides that an offense under this section is a felony of the first degree.
(c) Authorizes the actor, if conduct that constitutes an offense under this section also constitutes an offense under any other law, to be prosecuted under this section or the other law, but not both.
SECTION 3. Amends Title 4, Property Code, by adding Chapter 24B, as follows:
CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL PROPERTY
Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT OF DWELLING BY SHERIFF. Authorizes an owner of residential real property or the owner's agent, notwithstanding any other law, to request that the sheriff of the county in which the property is located immediately remove a person who unlawfully entered and is occupying a dwelling on the property without the owner's consent if the property was not open to the public when the person entered the property and is not the subject of pending litigation between the owner and the person, the owner or the owner's agent has directed the person to leave the property and the person has not done so, and the person is not a current or former tenant of the owner under an oral or written lease or an immediate family member of the owner.
Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT. (a) Authorizes a property owner or the owner's agent to request the removal of a person under Section 24B.001 by submitting to the sheriff of the county in which the property is located a complaint in substantially a certain form that complies with Subsection (b). Sets forth the required form of the complaint.
(b) Requires that a complaint submitted under this section be made under oath or made as an unsworn declaration under Section 132.001 (Unsworn Declaration), Civil Practice and Remedies Code.
Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a) Requires a sheriff who receives a complaint under Section 24B.002 to verify that the complainant is the record owner of the property that is the subject of the complaint or the owner's agent and otherwise entitled to the relief sought in the complaint.
(b) Requires the sheriff, on verifying the complaint under Subsection (a), to without delay serve notice to immediately vacate on the person occupying the dwelling without the owner's consent and put the owner in possession of the dwelling.
(c) Provides that service of notice to immediately vacate is authorized to be accomplished by hand delivery to an occupant of the dwelling or affixing the notice to the front door or entrance of the dwelling.
(d) Requires a sheriff serving notice to immediately vacate under this section to attempt to verify the identity of each person occupying the dwelling and note each identity on the return of service.
(e) Authorizes a sheriff serving notice to immediately vacate under this section to arrest any person found in the dwelling for an outstanding warrant or for trespass or any other offense for which probable cause exists.
(f) Entitles a sheriff who serves a notice to immediately vacate under this section to receive from the complainant a fee in an amount equal to the amount the sheriff would receive for executing a writ of possession.
(g) Authorizes the property owner or owner's agent, after the service of notice to immediately vacate by the sheriff under Subsection (b), to request that the sheriff remain on the property to keep the peace while the owner or owner's agent changes any locks and removes any personal property of an occupant from the dwelling and places the personal property at or near the property line of the owner's property.
(h) Authorizes the sheriff, if a request described by Subsection (g) is made, to charge the person making the request a reasonable hourly rate set by the sheriff for remaining on the property.
Sec. 24B.004. LIABILITY. (a) Provides that a sheriff is not liable to an unauthorized occupant or any other person for loss or destruction of or damage to property resulting from the removal of a person or property under this chapter.
(b) Provides that a property owner or the owner's agent, subject to Section 24B.005, is not liable to any person for loss or destruction of or damage to personal property resulting from the removal of the personal property from the owner's property under this chapter.
Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) Authorizes a person who is wrongfully removed, or whose personal property is wrongfully removed, from a dwelling or other real property under this chapter to bring an action under this section to recover possession of the real property and recover from the person who requested the wrongful removal actual damages, exemplary damages equal to three times the fair market rent of the dwelling, court costs, and reasonable attorney's fees.
(b) Requires the court to set an action brought under this section for hearing at the earliest practicable date to expedite the action.
Sec. 24B.006. NONEXCLUSIVITY. Provides that this chapter does not limit the rights of a property owner or the authority of a law enforcement officer to arrest an unauthorized occupant of a dwelling for trespassing, vandalism, theft, or another offense.
SECTION 4. Makes application of Section 28.03, Penal Code, as amended by this Act, prospective.
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
SB1333 by Hughes (Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.), As Introduced
The fiscal implications of the bill cannot be determined due to a lack of data to estimate the prevalence of criminal trespass, criminal mischief, and fraudulent behaviors committed under the specific circumstances outlined in the bill. Creating new criminal offenses and expanding the conduct constituting an existing criminal offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
The bill would expand conduct constituting the offense of second degree felony criminal mischief to include certain pecuniary loss resulting from damage or destruction of habitation occurring in the furtherance of the offense of criminal trespass.
The bill would create the Class A misdemeanor offense of false, fraudulent, or fictitious document conveying real property interest, committed when a person with intent to enter or remain on real property knowingly presents to another person certain documentation purporting to be an instrument conveying real property or an interest in real property.
The bill would create the first degree felony offense of fraudulent sale, rent, or lease of residential real property, committed when a person lists or advertises for sale, rent, or lease residential real property while knowing that the person offering to sell, rent, or lease the property lacks legal title or authority to do so; or when a person sells, rents, or leases to another person residential real property which the person does not have legal title or authority to sell, rent, or lease.
The bill would establish provisions for the removal of certain unauthorized occupants of real property.
The bill would allow residential real property owners or their agents to request in certain circumstances that a sheriff immediately remove a person who unlawfully occupies a dwelling on the property.
The bill would make provisions for the legally binding form submitted for such a request and would require a sheriff in receipt of such a request to take certain steps to verify the complaint and to serve notice to immediately vacate the dwelling.
The bill would allow a sheriff serving such a complaint to make arrests for outstanding warrants and for offenses when probable cause exists.
The bill would entitle such a sheriff to receive a fee from the complainant for the verification and service of the complaint and, when requested by the property owner or the owner's agent to remain on site, would allow such a sheriff to charge the requestor a reasonable hourly rate.
The bill would provide exception to liability for a sheriff or property owner or owner's agent for loss or destruction of or damage to personal property resulting from the removal of the personal property of certain unauthorized occupants of real property and would provide for legal action to be taken in the event of wrongful removal.
The bill provides clarification that the bill's provisions would not limit the rights of a property owner or the authority of a law enforcement officer to arrest an unauthorized occupant for other offenses.
The Office of Court Administration indicates that the fiscal impact is indeterminate. The Comptroller of Public Accounts indicates that the prosecution of more criminal cases could lead to an increase in state revenue due to court costs, but that the degree of increase is indeterminate.
Local Government Impact
While the fiscal impact cannot be determined, creating new criminal offenses and expanding the conduct constituting an existing criminal offense may result in increased demands upon local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement. Any fees collected by sheriffs as described in the bill would be retained locally.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts
LBB Staff:
JMc, WP, AMr, DGI
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Effective September 1, 2025, SB1333 fundamentally alters Texas property law by authorizing the non-judicial, immediate removal of unauthorized occupants ("squatters") by law enforcement, bypassing the traditional eviction court process. While this provides a powerful tool for property owners, the legislation simultaneously creates First Degree Felony liability for fraudulent real estate transactions and imposes severe civil penalties for the wrongful removal of legitimate occupants. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (All protocols must be active; criminal penalties apply to conduct starting this date).
Q
Who authored SB1333?
SB1333 was authored by Texas Senator Bryan Hughes during the Regular Session.
Q
When was SB1333 signed into law?
SB1333 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB1333?
SB1333 is enforced by County Sheriffs, County Constables and Local District Attorneys (Prosecution of new criminal offenses).
Q
How urgent is compliance with SB1333?
The compliance urgency for SB1333 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB1333?
The cost impact of SB1333 is estimated as "medium". This may vary based on industry and implementation requirements.
Q
What topics does SB1333 address?
SB1333 addresses topics including civil remedies & liabilities, crimes, crimes--against property, law enforcement and property interests.
Legislative data provided by LegiScanLast updated: November 25, 2025
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