Introduction to the New Squatter Laws in Texas 2025 Session

Update: New Squatter Laws in Texas—What Senate Bill 38 Means for Property Owners in 2025

In April 2025, Texas lawmakers took another big step in strengthening protections for property owners with the passage of Senate Bill 38. This new law, which builds on recent efforts to tighten squatter laws in Texas, makes it a criminal offense to knowingly file fraudulent property documents. The goal is to crack down on a rising trend where bad actors use fake paperwork to claim ownership or possession of homes they don’t own.

Senator Paul Bettencourt (R-Houston), who sponsored the bill, described the situation as "out of control" and said it was time for a statewide fix. Local law enforcement and county officials across Texas had been seeing more cases where individuals were occupying homes and even renting them out using forged deeds. Prior to this legislation, authorities had limited tools to act quickly against these offenders.

Under SB 38, county clerks are now required to post a notice warning that filing fraudulent property records is a crime. If someone knowingly submits false documents—like a forged deed, fake lease agreement, or a manufactured title—they can be charged with a Class A misdemeanor or even a state jail felony depending on the circumstances. That’s a serious escalation in how Texas handles these issues, especially in cities where squatting has become more organized.

The bill also creates a clearer path for law enforcement to act when property fraud is suspected. Before this change, police departments often told owners that disputes over possession had to be handled in civil court, which delayed action and kept rightful owners locked in long legal fights. With the new law, counties can more easily coordinate with law enforcement to investigate and prosecute fraudulent filings. This is a key shift because it gives property owners and law enforcement a new tool to stop squatters before a lengthy eviction process even starts.

What this means for Texas homeowners is simple: the law now makes it easier to prevent squatters from gaining a foothold through fake documents. It also means that if someone tries to use false paperwork to take over your property, there’s a clearer process to hold them accountable. That’s good news for landlords, property managers, and anyone trying to protect vacant or rental homes across the state.

This new law fits into the broader changes Texas has made in 2025 to address the squatter problem. Combined with updates to the eviction process and new definitions of trespassing, SB 38 gives the state more control over a growing issue that’s been frustrating owners for years. Property rights are getting more attention in the legislature, and lawmakers are trying to close the gaps that squatters have been exploiting.

If you're a Texas property owner, it’s a good idea to double-check the documents on file with your county clerk and make sure no unauthorized changes have been made. It’s also worth talking to your attorney about how this law could apply to your property, especially if you've dealt with squatters or suspicious activity before. The penalties are now more severe, and the state is clearly signaling that property fraud won’t be taken lightly anymore.

Introduction

Texas squatter laws have long been a hot topic for property owners and landlords. In 2025, a new bill, Texas H.B. 1076, aims to make it easier to remove unauthorized occupants and strengthen property rights. Squatting—when someone occupies a property without legal permission—has been a major headache for landlords, often leading to lengthy legal battles. This bill addresses concerns about squatters rights in Texas and provides clearer, more efficient ways to handle unlawful occupancy.

With rising concerns about property security and illegal occupants, Texas lawmakers are working to protect property owners from bad actors abusing the system. What is a squatter in Texas? Simply put, it's someone who moves into a property without the owner’s permission and stays there long enough to claim some legal rights. But with this new legislation, Texas is taking a firm stance against unauthorized occupation. Squatters rights in Texas have long been a controversial issue, but this bill ensures that property owners regain control over their investments.

Support the New Texas Squatter Laws

If you’re a property owner, real estate professional, or concerned Texan, now is the time to support H.B. 1076. Contact your state legislators and urge them to approve this bill, which will provide better protections for landlords and homeowners.

Organizations like NARPM (National Association of Residential Property Managers) and Texas REALTORS are actively advocating for this bill. They recognize the importance of balancing tenant rights while preventing squatters from taking advantage of loopholes in the law. By supporting this bill, we can create a fair legal framework that respects property ownership while maintaining clear guidelines for tenancy.

Table of Contents

1. History of Texas Squatter Laws

2. How the Bill Changes Current Squatter Laws

3. How to Evict Squatters in Texas Under the New Law

4. Conclusion: How the Bill Makes Being a Landlord Easier

5. FAQ

History of Texas Squatter Laws

Texas squatter laws have evolved over time, but they have always been a source of frustration for landlords. Under Texas law, someone occupying a property without permission can, under certain circumstances, claim adverse possession—a legal principle that allows someone to take ownership of a property after living there continuously for a set number of years.

Texas squatter laws follow adverse possession rules. A squatter can claim ownership if they occupy a property openly, continuously, and exclusively for 10 years (or 3-5 years under specific conditions). They must pay property taxes and show clear intent to possess the land. Property owners can remove squatters through legal eviction. While adverse possession cases are rare, squatters often take advantage of delays in the eviction process, forcing landlords into drawn-out legal disputes. This new bill aims to tighten squatter laws and make it easier to remove illegal occupants without going through lengthy court battles.

How the Bill Changes Current Squatter Laws

The 2025 legislative session introduced H.B. 1076, which significantly changes how to evict squatters in Texas and prevents them from gaining legal protections. Here’s how it improves existing laws:

1. Criminalization of Squatting – Under the new bill, unauthorized occupation of a property is a criminal offense, making it easier for law enforcement to remove squatters.

2. Faster Removal Process – The bill allows property owners to file for immediate removal of squatters instead of waiting for a lengthy civil court process.

3. Tighter Restrictions on Adverse Possession Claims – The new law makes it harder for squatters to claim ownership, ensuring they must provide stronger proof of continuous, legal residence.

4. Clear Guidelines for Property Owners – Landlords now have a well-defined legal path to remove squatters efficiently, without having to engage in costly legal battles.

By strengthening Texas squatter laws, this bill ensures that landlords don’t have to fight unnecessary legal battles just to reclaim their own property. Squatters rights in Texas should no longer be a loophole that prevents landlords from protecting their investments.

How to Evict Squatters in Texas Under the New Law

With the passing of H.B. 1076, how to evict squatters in Texas is now much more straightforward. Under the updated process:

1. Call law enforcement immediately – Squatting is now a criminal act, meaning the police can take action right away.

2. File a complaint with local authorities – Property owners can submit a request for immediate removal without going through traditional eviction procedures.

3. Provide proof of ownership – A property title, deed, or rental agreement will be required to confirm the rightful owner.

4. Squatter removal and legal consequences – Once verified, law enforcement will remove the squatter, and they may face legal penalties, including fines or jail time.

This streamlined process eliminates much of the frustration that landlords previously faced. Instead of waiting weeks or months for a civil eviction case, Texas squatter laws now give property owners more control over their properties.

Conclusion: How the Bill Makes Being a Landlord Easier

This new bill is a game-changer for landlords in Texas. By criminalizing squatting, clarifying the eviction process, and reducing the risk of adverse possession claims, it eliminates one of the biggest headaches for property owners. With stronger squatter laws, Texas landlords can now:

✅ Protect their investments without fear of unauthorized occupants taking over.
✅ Save money on legal fees by avoiding long court battles.
✅ Quickly remove squatters and get their property back on the rental market faster.

If you’re a property owner, now is the time to support this bill and ensure it gets passed. Contact your state legislators and let them know how important it is to protect property rights in Texas.

FAQ: Frequently Asked Questions

• What is a squatter?

  A squatter is a person who occupies property without the owner's permission. Squatters may seek adverse possession to claim ownership if they meet legal requirements, such as continuous and open occupancy for a set period. Property owners must use legal eviction to remove squatters.

• Is squatting legal?

  Squatting is generally illegal because it involves occupying property without permission. However, some states allow squatters to claim adverse possession if they meet strict legal requirements, such as continuous and open occupancy for a set period. Property owners must take legal action to remove squatters.

• What are squatter laws in Texas?

  Texas squatter laws follow adverse possession rules. A squatter can claim ownership if they occupy a property openly, continuously, and exclusively for 10 years (or 3-5 years under specific conditions). They must pay property taxes and show clear intent to possess the land. Property owners can remove squatters through legal eviction.

• What are squatters rights in Texas?

  In Texas, squatters can claim adverse possession if they openly, exclusively, and continuously occupy a property for 10 years (or as little as 3-5 years with a valid deed or tax payments). Property owners must take legal action to remove squatters before they gain ownership rights.

Are you experiencing a problem with squatters in San Antonio in your rental property? We can help.