When someone won't leave a property, Texas owners want one answer: can the police remove them, or is an eviction required? There is no single universal removal procedure. Texas now offers stronger tools — SB 1333, SB 38, and criminal trespass — but each applies to a different set of facts, and treating them as interchangeable is the core mistake. This article explains what each law does, who it covers, and how to match the remedy to the situation.
Key takeaways
- Texas has no one-size-fits-all removal process; the right remedy depends on how the person entered and what they claim.
- Criminal trespass is a separate criminal statute with its own elements — not a substitute for eviction.
- SB 1333 (Chapter 24B, effective Sept 1, 2025) lets a sheriff or constable remove certain unauthorized entrants — but excludes tenants and former tenants and carries real wrongful-removal liability.
- SB 38 (eviction petitions filed on or after Jan 1, 2026) narrows and accelerates judicial eviction; it is not a police-removal procedure.
- A stronger remedy does not excuse weaker facts.
1. Texas does not have one universal removal procedure
When someone refuses to leave, owners commonly ask: Can the police remove this person, or must I evict them?
That question cannot be answered responsibly without knowing:
- How the person entered
- Whether consent was given
- What agreement exists
- Whether a lease is claimed
- Whether the documents are authentic
- Whether the person is a tenant, former tenant, guest, family member or unauthorized entrant
- Whether the property is residential
- Whether litigation is pending
Texas now provides stronger tools. Those tools remain fact-dependent.
2. Criminal trespass
Texas Penal Code §30.05 generally addresses entering or remaining on property without effective consent after receiving the legally required form of notice. Criminal trespass may be relevant when:
- A person enters without permission
- A person remains after effective consent ends
- Required notice has been given
- The facts establish the necessary criminal elements
- Probable cause exists
A private contract may document the scope and end of consent. It does not require an officer to classify every disputed holdover as criminal trespass. Where the person claims possession under a lease or other residential agreement, law enforcement may regard the matter as requiring judicial resolution.
3. SB 1333 and Chapter 24B
SB 1333 took effect on September 1, 2025. It created Texas Property Code Chapter 24B, allowing an owner or authorized agent to request sheriff or constable removal of certain unauthorized occupants.
The statute applies when:
- The person unlawfully entered
- The person occupies the dwelling without the owner's consent
- The property was not open to the public when the person entered
- The property is not the subject of pending litigation between the owner and occupant
- The owner directed the person to leave
- The person refused
- The person is not a current or former tenant under an oral or written lease
- The person is not an immediate family member of the owner
The owner or agent must submit a sworn complaint.
4. Why SB 1333 is powerful
Where the statutory facts exist, the sheriff or constable verifies the complainant's authority and entitlement to relief. After verification, the officer must act without delay to:
- Serve notice to vacate immediately
- Put the owner back in possession
The owner may also request that the officer remain while locks are changed and property is removed as authorized by the statute. This is materially faster than an ordinary eviction suit.
5. Why SB 1333 is not a universal holdover remedy
A normal short-term guest initially enters with permission. Chapter 24B requires unlawful entry and occupation without consent. An invited guest who later refuses to leave therefore presents a different factual pattern from someone who broke into a vacant home.
The statute also excludes current and former tenants under oral or written leases. Management should not assume that contract revocation transforms every initially lawful entry into Chapter 24B eligibility. That interpretation may be contested and should not be presented publicly as settled law.
6. Wrongful-removal liability under SB 1333
The Chapter 24B complaint is made under oath or penalty of perjury. The form requires the complainant to affirm the necessary facts. A wrongfully removed person may seek:
- Recovery of possession
- Actual damages
- Exemplary damages equal to three times the dwelling's fair-market rent
- Court costs
- Reasonable attorney's fees
Chapter 24B is not a low-risk experiment. Do not submit the complaint unless every required statement can be made truthfully and supported with evidence.
7. False documents and unauthorized rentals
SB 1333 also created criminal offenses concerning:
- Knowingly presenting a false, fraudulent or fictitious lease, deed or other instrument to enter or remain on real property
- Knowingly advertising, selling, renting or leasing residential property without legal title or authority
These provisions directly address fake-lease and fraudulent-rental schemes. Preserve:
- The disputed document
- Booking and payment records
- Communications
- Ownership records
- Identification
- Evidence showing who issued the document
- Evidence of authority or lack of authority
8. SB 38 and ordinary eviction reform
SB 38 generally applies to eviction petitions filed on or after January 1, 2026. It reforms the judicial possession process rather than creating a general police-removal procedure.
9. Possession is separated from title and other claims
Under SB 38, the justice court decides the right to actual possession. It may not decide title. Counterclaims and third-party joinder are not permitted in the eviction case, although separate claims may be brought in a court with proper jurisdiction.
This narrows the eviction proceeding. It does not erase the parties' separate claims.
10. Notice remains essential
Where the occupant is a tenant under a written lease or oral rental agreement, the general rule requires at least three days' written notice before filing a forcible-detainer action, unless the parties agreed in writing to a shorter or longer period. A holdover may also require compliance with tenancy-termination requirements.
SB 38 permits electronic delivery of certain notices where the parties have agreed to electronic communication in writing. That is a reason to draft a precise electronic-notice clause. It is not permission to ignore all other notice requirements.
11. Service and trial timelines
SB 38 requires diligent effort to serve the citation and petition by the fifth business day after filing. The justice-court trial generally must occur:
- No earlier than the tenth day after filing
- No later than the twenty-first day after filing
- No earlier than the fourth day after service
A postponement generally may not exceed seven days unless the parties agree otherwise in writing. The law also permits summary disposition in specified circumstances when no genuinely disputed fact prevents judgment.
12. Appeals remain available
A party may appeal within the statutory period by filing the applicable bond, deposit or statement concerning inability to pay costs. A tenant appealing must affirm a good-faith belief in a meritorious defense and that the appeal is not solely for delay. The county court must then follow its statutory trial schedule.
SB 38 accelerates procedure. It does not abolish appellate rights.
13. Writ of possession
A writ generally may not issue before the sixth day after judgment unless an applicable statutory exception applies. After issuance, the sheriff or constable must serve the writ by the fifth business day. If timely service does not occur, the statute provides an alternative involving another appropriately trained law-enforcement officer.
Only an authorized officer executes the writ. The owner should not treat a favorable judgment as authority for personal forcible removal.
14. Remedy comparison
| Remedy | When it is potentially relevant |
|---|---|
| Criminal trespass (§14.1) | Where the criminal elements, lack of effective consent and required notice are established |
| Chapter 24B removal (§14.2) | To a qualifying person who unlawfully entered and occupies without consent, subject to statutory exclusions |
| Eviction under Chapter 24 (§14.3) | Where possession must be adjudicated, including many tenant and disputed holdover situations |
| Other civil or criminal proceedings (§14.4) | Where the dispute involves title, fraud, damages, assault, theft, vandalism or other issues outside possession alone |
15. What the reforms do not do
SB 1333 and SB 38 do not:
- Legalize an STR prohibited by zoning
- Convert every guest holdover into criminal trespass
- Eliminate oral leases
- Authorize false sworn complaints
- Permit owner self-help in every case
- Cure defective notices
- Eliminate appeals
- Guarantee removal on a fixed calendar date
- Make contract labels conclusive
- Replace property-specific legal advice
16. Conclusion
Texas improved both nonjudicial and judicial owner remedies. SB 1333 provides a direct process for a defined category of unauthorized entrants. SB 38 narrows and accelerates eviction litigation. Criminal trespass remains a separate criminal statute with separate elements. The mistake is treating all three as interchangeable.
The correct sequence is:
- Establish the facts
- Classify the occupant
- Preserve evidence
- Identify the applicable statute
- Give the required notice
- Use the correct officer or court
- Avoid self-help beyond what the law expressly permits
A stronger remedy does not excuse weaker facts.
Frequently asked questions
Can the police simply remove someone who won't leave? Not necessarily. Texas has no single universal removal procedure. The right path depends on how the person entered, whether consent was given, what agreement exists, and whether they claim tenancy.
What does SB 1333 / Chapter 24B actually do? Effective September 1, 2025, it lets an owner or authorized agent file a sworn complaint asking a sheriff or constable to remove certain unauthorized occupants who unlawfully entered and occupy a dwelling without consent — materially faster than an eviction suit.
Does SB 1333 cover a guest who overstays or a former tenant? No. Chapter 24B requires unlawful entry and occupation without consent, and it excludes current and former tenants under oral or written leases as well as immediate family. An invited guest who later refuses to leave is a different factual pattern.
What does SB 38 change about evictions? For petitions filed on or after January 1, 2026, it reforms the judicial process: the justice court decides possession only (not title), counterclaims and joinder aren't allowed in the eviction case, and service and trial timelines are tightened. It does not create a police-removal procedure or abolish appeals.
What's the risk of filing a Chapter 24B complaint? It is sworn under penalty of perjury. A wrongfully removed person may recover possession, actual damages, exemplary damages equal to three times the dwelling's fair-market rent, court costs, and attorney's fees. Don't file unless every required statement is true and supported by evidence.
Sources
- Texas Property Code Chapters 24 and 24B
- Texas Penal Code §§30.05, 32.56 and 32.57
- Texas Senate Bill 1333, enrolled version
- Texas Senate Bill 38, enrolled version
Disclaimer: Do not submit a Chapter 24B complaint or initiate removal based solely on a general article. This is general information, not legal advice. Confirm statutory eligibility with Texas counsel.
