Texas legislature passes sweeping eviction reforms to crack down on squatting

The Texas Legislature has approved a sweeping package of eviction reforms designed to speed up the removal of unlawful occupants — commonly referred to as "squatters" — from residential and commercial properties. The legislation, a priority for Lt. Gov. Dan Patrick, is now on its way to Gov. Greg Abbott’s desk for signature.

The new laws, primarily advanced through Senate Bill 38, authored by Sen. Paul Bettencourt (R-Houston) and sponsored in the House by Rep. Angie Chen Button (R-Garland), will allow property owners to more quickly reclaim possession of homes or buildings that are unlawfully occupied. Lawmakers say the measures address growing concerns about the difficulties property owners face when dealing with squatters.

Under the reforms:

Property owners can file an affidavit asserting ownership and stating that the current occupants are trespassers.

Courts must respond within 10 to 21 days to an eviction request.

Once the court verifies ownership, law enforcement will be empowered to immediately remove squatters.

New criminal penalties are introduced for squatters who damage property or present fraudulent lease documents.

Squatters causing $1,000 to $300,000 in damage could face second-degree felony charges, and damage over $300,000 could bring a first-degree felony.

Listing a property for rent without the owner’s consent may also be charged as a felony.

Real-Life Cases Underscore Legislative Push

Throughout the 2025 legislative session, lawmakers heard testimony from homeowners and landlords who described long delays, financial losses, and legal frustration while attempting to remove squatters.

Terri Boyette, a Mesquite homeowner, said it took over seven months to remove an unauthorized occupant who racked up an estimated $150,000 in damages to her home. Despite not having access to the property, Boyette was forced to continue paying for insurance and utilities, with her insurer refusing to reimburse her.

In another case, management at a low-income housing complex in Dallas took six months to evict squatters from 11 units, during which time they were forced to hire armed security, resulting in over $130,000 in losses.

“Texas ranks number two in the nation for squatting. That is a crisis,” Sen. Bettencourt said in a statement. “Property owners are facing financial devastation and dangerous confrontations, from a $6,000 dental bill after a squatter dropped a refrigerator on a woman to over $130,000 in legal fees just to evict unlawful occupants.”

Legislative Changes and Debate

The House made several amendments to SB 38 before sending it back to the Senate for final approval:

Evictions must be filed in the same justice precinct where the property is located.

Summary judgments are prohibited in eviction cases unless squatters are involved.

First-time late rent payers must receive a notice to pay or vacate before eviction proceedings can begin.

Notices must be posted conspicuously on the property.

Rep. Gene Wu (D-Houston) raised concerns that the bill could have unintended consequences for legitimate renters who fall behind on payments, particularly lower-income Texans.

“This bill is about the 40 percent of Texans who rent, who do not own a home — mostly people who are young, people who are poor, people who are minorities, people who are in the working class,” Wu said. “This is being sold as an anti-squatter bill, but it’s really about evicting people faster.”

Button defended the bill’s expedited timelines, pointing out that even straightforward evictions can drag on for months.

The Senate on Thursday voted to concur with the House amendments, also advancing SB 1333, filed by Sen. Bryan Hughes (R-Mineola), which complements SB 38 by reinforcing penalties and tightening eviction processes.

If signed by the governor, the reforms would mark one of the most aggressive state-level responses to squatting in the nation and are expected to take effect later this year.