Texas SB 1333 & SB 38 — Trespass and Eviction Laws Explained (2026)
Texas property owners gained two significant legal tools in 2023-2024. Senate Bill 1333 reclassified unauthorized occupancy as criminal trespass, and Senate Bill 38 streamlined the eviction process by tightening court timelines and reducing appeal bond requirements. Together, these laws closed the gap that squatters and unauthorized occupants exploited for years — the gap between "you don't belong here" and "you legally have to leave."
For landlords and investors managing rental properties in Dallas, Houston, Austin, and other Texas metros, these two bills reshape how you handle unauthorized occupants. Understanding the mechanics of each statute is not optional — it is the difference between a 7-day resolution and a 90-day legal drain on your NOI.
What SB 1333 Changed: Criminal Trespass for Unauthorized Occupants
SB 1333 amended Texas Penal Code Section 30.05 to explicitly cover situations where a person remains in a property without the owner's effective consent. Before this bill, Texas law treated most unauthorized occupancy as a civil matter, forcing property owners through the full eviction process — even when the person never had a lease, never paid rent, and entered the property without permission.
The key changes under SB 1333:
- Criminal trespass now applies when a person enters or remains on residential property without the owner's consent and without a valid lease or legal right to occupy
- Law enforcement can act on a criminal trespass complaint, meaning property owners can call police to remove unauthorized occupants rather than filing a civil eviction suit
- No prior landlord-tenant relationship is required — the statute targets people who were never tenants in the first place
- Effective September 1, 2023, applying to all residential property in Texas
This is a critical distinction. Under pre-SB 1333 law, a property owner in Fort Worth who discovered someone living in a vacant unit often heard the same response from police: "This is a civil matter — you need to go through eviction court." SB 1333 changed that response. If no lease exists and the owner has not given consent, the occupant is now committing criminal trespass under state law.
The penalty for criminal trespass under Penal Code 30.05 is a Class B misdemeanor, carrying up to 180 days in county jail and fines up to $2,000. If the person carried a weapon during the trespass, the charge elevates to a Class A misdemeanor.
What SB 38 Changed: Faster Eviction Proceedings
While SB 1333 addresses people who were never tenants, SB 38 targets the eviction process itself — the legal mechanism for removing people who did have a tenancy but no longer have a right to stay. SB 38 took effect on January 1, 2024, and amended several provisions of the Texas Property Code and Government Code related to eviction proceedings.
The key reforms under SB 38:
| Change | Before SB 38 | After SB 38 |
|---|---|---|
| Appeal bond amount | Often set at full rent for appeal period | Reduced; courts have discretion to lower based on ability to pay |
| Trial timeline | Courts could delay trial settings for weeks | Tighter scheduling requirements for justice courts |
| Writ of possession | Could be delayed by successive appeals | Streamlined issuance after final judgment |
| Default judgment | Required multiple hearings in some courts | Faster default when tenant fails to appear |
The practical impact: an eviction that previously took 45-90 days from notice to writ of possession now moves through the system in 21-45 days in most Texas counties. In high-volume courts like those in Harris County (Houston) and Dallas County, the compressed timelines make a measurable difference in how quickly property owners regain possession.
SB 38 also addressed a common delay tactic — filing appeals solely to extend occupancy. By adjusting the appeal bond structure, the law reduced the incentive for tenants to file frivolous appeals just to buy time. Property owners no longer face the prospect of a tenant living rent-free for 4-6 months while cycling through appeal hearings.
How SB 1333 and SB 38 Work Together
These two bills cover different scenarios, and property owners need to know which one applies:
Use the SB 1333 path (criminal trespass) when:
- Someone is occupying your property without ever having a lease
- A guest overstayed and the owner never granted tenancy rights
- A squatter moved into a vacant or foreclosed property
- A short-term rental guest refuses to leave after the booking period ends
Use the SB 38 path (eviction proceedings) when:
- A tenant with a lease has violated the lease terms
- A lease has expired and the tenant refuses to vacate
- A tenant has stopped paying rent
- A holdover tenant remains after proper notice to vacate
The distinction matters because choosing the wrong path wastes time and money. If you file an eviction suit against someone who was never a tenant, you are spending $1,500-$3,500 in legal fees and waiting weeks for a court date when a criminal trespass complaint could resolve the situation in days. Conversely, if you try to use criminal trespass against someone who had a legitimate lease — even an expired one — you risk the complaint being rejected and potentially face liability.
For property owners managing units across multiple Texas cities, understanding the difference between guests, tenants, and unauthorized occupants is the first step in choosing the right legal path.
Practical Steps for Texas Property Owners
Knowing the law exists is not enough. Property owners need operational procedures that leverage both SB 1333 and SB 38 effectively.
1. Document ownership and consent clearly. Keep current deeds, property tax records, and management agreements accessible. When you call law enforcement under SB 1333, you need to prove ownership and demonstrate that the occupant does not have consent. A verbal claim is not enough — bring paperwork.
2. Use written agreements for every occupant. Every person staying in your property — even temporarily — should be covered by a written agreement. A temporary lodging agreement prevents guests from claiming tenancy rights under Texas law.
3. Act immediately when unauthorized occupancy is discovered. The longer someone occupies a property, the stronger their argument for tenant protections becomes. In some Texas courts, occupancy beyond 30 days starts to create a presumption of tenancy, which pushes you from the SB 1333 path into the SB 38 path. Speed matters.
4. Monitor properties for occupancy drift. Vacant units, properties between tenants, and short-term rentals are the highest risk. Owners in San Antonio and Waco managing multiple units should conduct regular property inspections. Understanding how to prevent occupancy drift protects your legal options.
5. Know your county's eviction court timelines. SB 38 set statewide standards, but implementation varies by county. Dallas County justice courts typically schedule eviction trials within 10-14 days of filing. Harris County averages 14-21 days. Travis County (Austin) runs 10-18 days. Build these timelines into your financial projections.
Financial Impact on Property Owners
The financial case for understanding these laws is straightforward. Every day an unauthorized occupant stays in your property costs money — and under the old framework, those days added up fast.
| Scenario | Pre-SB 1333/SB 38 Timeline | Current Timeline | Estimated Savings (per incident) |
|---|---|---|---|
| Squatter in vacant unit | 60-90 days (civil eviction) | 7-14 days (criminal trespass) | $3,000-$7,500 in lost rent and legal fees |
| Holdover tenant, no appeal | 30-45 days | 21-30 days | $1,000-$2,500 in lost rent |
| Holdover tenant, with appeal | 90-180 days | 45-75 days | $4,000-$10,000 in lost rent |
For multifamily operators, these savings compound. A 50-unit apartment complex in Dallas that deals with 3-5 unauthorized occupancy events per year could recover $15,000-$50,000 annually by using the correct legal path under the new framework. That recovery flows directly to NOI — and at a 5% cap rate, protecting $50,000 in annual NOI protects $1 million in asset value.
Property owners who want to understand how eviction costs compound on larger portfolios should review how poor tenant screening bleeds NOI for a detailed breakdown.
Limitations and Risks to Understand
These laws are powerful tools, but they have boundaries.
SB 1333 does not override legitimate tenancy. If someone can produce a lease, cancelled rent checks, or evidence of an oral rental agreement, law enforcement will treat the situation as a civil matter. The criminal trespass path only works when no tenancy relationship exists.
Local law enforcement interpretation varies. Some police departments in Texas are still adapting to SB 1333. Officers may default to "this is a civil matter" out of habit or caution. Property owners should carry a printed copy of the statute (Penal Code 30.05, as amended) and a clear written statement of non-consent.
Self-help eviction remains illegal in Texas. Neither SB 1333 nor SB 38 authorizes property owners to change locks, remove belongings, shut off utilities, or physically remove occupants. These actions violate Texas Property Code Section 92.0081 and expose owners to liability for damages plus one month's rent plus $1,000 plus attorney fees.
STR-specific considerations. Short-term rental operators in cities with specific zoning requirements face additional complexity. A guest who overstays a 3-night booking may or may not qualify as a trespasser depending on the booking platform's terms and local ordinances.
Protect Your Property with the Right Legal Framework
Texas property owners now have two clear legal paths for removing unauthorized occupants — criminal trespass under SB 1333 for non-tenants, and streamlined eviction under SB 38 for former tenants. The key is knowing which path applies and acting quickly. Browse verified rental listings across Texas on RedRiver Rent to find well-managed properties, or explore specific markets in Dallas, Houston, Fort Worth, and Austin.
