Last updated on March 22nd, 2026 at 08:01 am
Complete Guide to SB 1333, SB 38, and Adverse Possession Laws
The 30-Day Myth Debunked
A common misconception about Texas property law is this: “If someone squats in my house for 30 days, don’t they get tenant rights or squatter’s rights?” The answer is no—that’s not how it works.
In Texas, squatter’s rights don’t kick in after 30 days. Not even close. The actual legal timeline is much, much longer.
Until recently, the legal process to remove unauthorized occupants was dragged out over months. But two new laws—Senate Bill 1333 and Senate Bill 38—have changed that significantly.
This guide explains what’s actually happening with Texas squatter’s rights, these new statutes, and what property owners really need to know.
Here’s the truth: 30 days of occupancy doesn’t give anyone squatter’s rights in Texas.
Under Texas law, if someone’s going to claim property ownership through adverse possession (that’s the legal term for squatter’s rights), they’ve got to occupy the property continuously for significantly longer. How much longer? It depends on what documentation they’ve got:
- 3 years if they have “color of title” (a document suggesting ownership, even if flawed)
- 5 years if they have a recorded deed and pay property taxes
- 10 years if they have no documentation (bare possession)
Even before these time periods can begin counting, the occupant must meet strict conditions. The occupation’s got to be:
- Hostile – Without the owner’s permission
- Exclusive – Not shared with the owner
- Open and Notorious – Visible and known (not hidden)
- Actual – Physical presence and occupation
- Continuous – Without interruption for the required period
If any of these conditions breaks, here’s what happens: the entire clock resets to zero. That’s why the 30-day myth is so dangerous—it vastly underestimates the legal protections property owners actually have.
Effective September 1, 2025, SB 1333 did something new in Texas. It created a way for property owners to work directly with law enforcement to remove unauthorized occupants—without having to file an eviction lawsuit.
What SB 1333 Changed
• Law enforcement can remove squatters directly upon sworn complaint from property owner
• No court proceeding required for removal
• Applies only to “true squatters” with no legal claim to occupy
• Creating fraudulent deeds or leases is now a criminal offense
• Using forged documents to claim property ownership is a felony
Who Qualifies as a “True Squatter”?
Here’s the key: SB 1333 only applies to “true squatters”—people who have zero legal right to be on the property. That means they:
- Have no lease agreement (current or past) with the property owner
- Have no history of tenancy on the property
- Are not family members with legal occupancy rights
- Entered the property without permission
- Have no other legal basis to occupy the property
Important distinction: If someone has a lease—even an expired one—they are classified as a tenant, not a squatter. These cases must go through the standard eviction process under SB 38, not the SB 1333 process.
How the SB 1333 Process Works
Step-by-Step Process
File Sworn Complaint
Property owner files a formal complaint with the local sheriff or constable, including proof of ownership (deed) and documentation that the occupant has no legal right to be on the property.
Officer Verification
Law enforcement verifies ownership documents and confirms the occupant has no lease, rental history, or other legal claim to the property.
Demand to Vacate
The officer serves notice on the occupant demanding immediate removal from the property.
Physical Removal if Necessary
If the occupant refuses to leave, law enforcement physically removes them and their belongings from the property in accordance with the statute.
This process streamlines what was previously a lengthy court procedure, reducing the time needed to regain possession of property.
Criminal Penalties Under SB 1333
SB 1333 also established criminal penalties for fraudulent documentation:
- Fraudulent Lease: Class A misdemeanor
- Forged Deed: Felony offense
- Renting Property Without Authority: Felony offense
- Selling Property Without Authority: Felony offense
These penalties apply to people who create false documents to claim authority over property they do not own.
Effective January 1, 2026, SB 38 updated Texas’s eviction procedures statewide. This applies to cases where someone has tenant status or disputes exist about occupancy rights.
What SB 38 Changed
• Court must hold trial within 10-21 days of eviction filing
• Standardized procedures across all Texas courts
• Summary disposition available for clear-cut cases (judge can rule without full hearing)
• Electronic delivery of notices is now permitted
• Clearer venue rules (file in the county where property is located)
The primary benefit is speed. The previous system allowed cases to extend for months. SB 38 establishes definite timelines that courts must follow.
When to Use SB 1333 vs. SB 38
Property owners need to understand which process applies to their situation:
| Situation | Process | Where |
|---|---|---|
| True squatter (no lease, no legal claim) | SB 1333 | Sheriff or constable office |
| Person with expired lease | SB 38 | Justice court (eviction) |
| Person claiming false lease | SB 38 (if disputed) or SB 1333 (if provably forged) | Depends on documentation |
| Former tenant refusing to leave | SB 38 | Justice court (eviction) |
The key distinction: If the person has or claims to have a lease or tenant status, use SB 38. If they have zero legal claim and no lease whatsoever, use SB 1333.
Adverse possession is the legal doctrine that allows someone to claim ownership of property they don’t have title to—but only if certain conditions are met. Here’s what you need to know: Texas law sets three different timelines, depending on the documentation they’ve got.
The 3-Year Path: Adverse Possession with “Color of Title”
• Requires “color of title” (a document suggesting ownership claim)
• Examples: deed (valid or flawed), legal document referencing property ownership
• Continuous occupation required: 3 years
• Must be hostile, exclusive, actual, and continuous
“Color of title” is the critical element. This means the occupant must have some document that appears to give them ownership rights, even if that document is invalid or mistaken. With this, only 3 years of continuous occupation is required.
The 5-Year Path: Adverse Possession with Recorded Deed and Taxes
• Requires a recorded deed (must be legitimate, not forged)
• Must pay property taxes on the property for 5 consecutive years
• Must cultivate, use, or enjoy the property
• Must be hostile, exclusive, actual, and continuous
This path is actually more restrictive than the 3-year path because the deed cannot be forged—it must be a legitimate recorded document. However, it can be incorrectly titled (e.g., wrong person’s name on a valid deed).
The 10-Year Path: Bare Possession
• No deed required
• No property taxes required
• Continuous possession, cultivation, use, or enjoyment
• Limited to 160 acres or the actual enclosed area (if greater)
• Must be hostile, exclusive, actual, and continuous
This path requires only continuous occupancy without any paperwork or tax payment. However, it extends 10 years and is limited by acreage restrictions.
Why Adverse Possession Is Now Less Likely to Succeed
SB 1333 allows property owners to remove true squatters through law enforcement quickly. If removal occurs before the statutory period (3, 5, or 10 years) is complete, the occupant cannot establish adverse possession. The clock never gets to run long enough.
Additionally, all five conditions must be continuously met:
- Hostile: Without owner permission at all times
- Exclusive: Not shared with the owner
- Open & Notorious: Visible and obvious to anyone
- Actual: Physical presence (not constructive occupation)
- Continuous: No break in occupancy for the entire period
If ownership changes hands, if the property is sold, or if the owner files suit to remove the occupant, adverse possession claims become very difficult to sustain.
Even though a property owner has legal rights, Texas law strictly prohibits certain actions. “Self-help” evictions are illegal in Texas, even if you own the property outright.
• Changing the locks while occupants are inside
• Shutting off water, electricity, gas, or other utilities
• Removing the occupant’s belongings without court order
• Removing doors, windows, or essential fixtures
• Threatening violence or making false arrest claims
• Blocking entry or preventing exit from the property
If a property owner violates these prohibitions, the occupant can sue the owner for damages, including wrongful eviction claims. Additionally, criminal charges can be filed against a property owner who attempts illegal removal.
The proper approach: Use the legal processes available (SB 1333 for true squatters, SB 38 for tenants). Law enforcement or the courts handle the physical removal.
Prevention is more effective than removal. Property owners should take steps to secure property and discourage unauthorized occupation.
Physical Security
- Install quality locks on all entry doors and ground-floor windows
- Add window locks or security bars on ground-floor windows
- Install visible security camera systems
- Post “No Trespassing” signs at all property entrances
- Display alarm system signage
- Maintain the yard and landscaping (visible neglect attracts unauthorized occupation)
- Install exterior lighting with motion sensors
Documentation and Records
- Keep original deed and property title documents secure and accessible
- Take dated photographs and video of the property showing vacant status
- Document any tenant move-out with written notices and inspection records
- Maintain a property log noting inspections, maintenance, and security activities
Active Management
- Schedule regular property inspections (every 2-4 weeks for vacant properties)
- Hire a property manager if property will be vacant long-term
- Rent or occupy the property as soon as feasible (occupied property is protected property)
- Build relationships with neighbors who can report suspicious activity
- Know local police non-emergency phone numbers for early reporting
These prevention measures reduce the likelihood of unauthorized occupation and protect the property owner’s legal position if unauthorized occupancy does occur.
If you discover someone occupying your property without authorization, here is the process to follow:
What to Do Now
Determine Their Legal Status
Do they claim to be a tenant? Do they have a lease (real or forged)? Are they purely squatting? This determines which legal process to use.
Document Everything
Take photographs and video of unauthorized occupancy. Keep your deed and ownership documents organized. Record any communications with the occupant.
Consult a Local Real Estate Attorney
Contact a Texas real estate or eviction attorney experienced with SB 1333 and SB 38. Most offer free initial consultations to assess your situation.
File the Appropriate Complaint or Eviction
Based on their legal status: file an SB 1333 complaint with the sheriff (for true squatters) or file an eviction under SB 38 in justice court (for tenants).
Do NOT Take Self-Help Action
Do not change locks, shut off utilities, or remove belongings. Let law enforcement or the court handle the removal process legally.
Secure the Property After Removal
Once the occupant is removed, immediately secure all locks and entry points. Resume regular inspections to prevent re-entry.
Speed matters: The faster you act, the less time the unauthorized occupant has to establish any legal claim. Delaying action can only strengthen their legal position.
For complete legal references and official statute text, consult these official sources:
Adverse Possession Statutes
- Texas Civil Practice & Remedies Code § 16.024 – 3-year adverse possession with color of title
- Texas Civil Practice & Remedies Code § 16.025 – 5-year adverse possession with recorded deed and taxes
- Texas Civil Practice & Remedies Code § 16.026 – 10-year bare possession adverse possession
2025 Laws
- SB 1333 (89th Texas Legislature) – Law enforcement squatter removal (effective Sept 1, 2025)
- SB 38 (89th Texas Legislature) – Modernized eviction procedures (effective Jan 1, 2026)
Official References
- Texas Civil Practice & Remedies Code Chapter 16 – Official statute text
- Texas Legislature Online – Official legislative information
- State Bar of Texas – Attorney referral service
Consult a qualified Texas real estate attorney for advice specific to your property and situation. Laws change and individual circumstances vary significantly.
The 30-day myth is false. Texas law requires much longer occupancy periods for adverse possession to apply.
However, two new laws (SB 1333 and SB 38) have changed the legal landscape for property owners:
- SB 1333 allows law enforcement to remove true squatters through a direct process (effective Sept 1, 2025)
- SB 38 modernizes eviction procedures with faster timelines (effective Jan 1, 2026)
- Adverse possession still exists but requires 3-10 years of continuous occupation under specific conditions
- Prevention through property security and maintenance remains the most effective strategy
- Legal process must always be used; self-help actions are illegal and can backfire
If you have a property you want to sell in Dallas, TX with squatters, call us today.
