What Texas Landlords & Tenants Need to Know About SB 38 & SB 1333

By Attorney Antoinette N. Harris, Candidate for Justice of the Peace, Precinct 2, Place 2

Texas has taken significant steps to strengthen property rights and safeguard due process with two comprehensive new laws: Senate Bill 38 (SB 38) and Senate Bill 1333 (SB 1333). These bills respond to the growing concerns of landlords dealing with squatters, and tenants affected by fraudulent leasing practices, while preserving the integrity of Texas courts and law enforcement.

As a candidate for Justice of the Peace, I believe it is essential that the public understands how these laws work, and how they’ll be enforced in courtrooms and communities across the state.

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SB 38 – Strengthening Civil Evictions in Justice Courts

Overview:
SB 38 updates the Texas eviction process to make it faster, fairer, and more efficient—particularly for landlords dealing with unauthorized occupants. It ensures that tenants still receive proper notice and the opportunity to be heard, a fundamental aspect of due process.

Key Legal Changes:

• Amends Texas Property Code Chapters 24 and 92
• Reinforces procedures in Texas Rules of Civil Procedure
• Clarifies that Justice Courts cannot decide title disputes, only possession issues

Detailed Provisions:

For Landlords:

• Mandatory Hearing Deadline: Justice Courts must hold a hearing within 21 calendar days of the eviction filing.
• Pre-Filing Notice Option: Landlords can serve a “Pay or Vacate” notice to offer a last chance before initiating court action.
• Summary Proceedings Allowed: In clear squatter situations where no valid lease or relationship exists, the court may issue judgment promptly.
• Attorney’s Fees: Recoverable if lease agreement includes a clause and proper notice is provided.
• Writ of Possession: May be issued immediately after judgment in summary cases, allowing the landlord to regain possession faster than under previous law.

For Tenants:

• Right to Notice and Hearing: Tenants must receive a written notice and have the opportunity to respond before eviction.
• Flexible Response Methods: Tenants may respond by email, phone, or in person, reducing access barriers.
• Protection from Wrongful Eviction: The law prevents eviction where there’s a genuine dispute over ownership—such disputes must be resolved outside of Justice Court.
• Notice Clarification: Courts can dismiss evictions if the notice requirements or timing were not met.

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SB 1333 – Criminal Penalties and Law Enforcement Removal for Property Fraud

Overview:
SB 1333 introduces powerful criminal penalties for those who occupy, lease, sell, or advertise real estate without lawful authority. It also provides a new, non-judicial removal process that empowers law enforcement to act quickly in true squatting cases.

Key Legal Changes:

• Adds Texas Penal Code § 32.56 – Fraudulent Occupancy Using False Documents
• Adds Texas Penal Code § 32.57 – Fraudulent Sale or Lease of Residential Property
• Creates Texas Property Code Chapter 24B – Law Enforcement Removal of Unauthorized Occupants

Detailed Provisions:

For Landlords:

• Sheriff/Constable Removal Process:
  • Landlord files a sworn affidavit of unlawful occupancy
  • Must show occupant is not a tenant or family member and entered without permission
  • Must include proof of ownership (deed, appraisal, tax record)
• Immediate Action by Law Enforcement:
  • Sheriff may issue a 24-hour vacate notice
  • If occupant does not comply, sheriff can remove them and their property without a court order
• Criminal Offenses:
  • Class A Misdemeanor: Using forged leases or deeds to claim occupancy
  • First-Degree Felony: Fraudulently selling, leasing, or advertising a home without legal authority
• Fee Structure: Sheriff removal fees are aligned with those for executing a writ of possession

For Tenants:

• Consumer Protection: Prevents fraudsters from renting or selling property they don’t own
• Red Flag Awareness: Tenants are encouraged to verify landlord identity and property ownership before signing any lease
• Legal Consequences: Tenants using fake documents, knowingly or unknowingly, may face criminal exposure under new Penal Code sections
• Procedural Limit: This removal process does not apply to actual tenants or those with a genuine landlord relationship—it’s intended solely for criminal trespass/squatting cases

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SB 38 vs. SB 1333 – Summary Table

Feature	SB 38: Civil Eviction Reform	SB 1333: Criminal Fraud & Removal
Legal Type	Civil eviction process	Criminal enforcement and police removal
Used By	Landlords via Justice Court	Landlords via sheriff or constable
Who It Applies To	Tenants, holdovers, unauthorized occupants	True squatters, fraudsters, trespassers
Tenant Protections	Full due process: notice, hearing, response	Limited if no lease, no family connection
New Criminal Statutes	—	Penal Code §§ 32.56, 32.57
New Civil Process	Revised Property Code §§ 24, 92	New Property Code Chapter 24B

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Effective Dates

• SB 1333 begins to go into effect September 1, 2025
• Both SB 38 and SB 1333 will be in full effect on January 1, 2026

As a candidate for Justice of the Peace, I am committed to ensuring our courts remain a place where justice is accessible, property rights are protected, and every voice is heard. These new laws—SB 38 and SB 1333—will reshape how Texas handles evictions and property fraud. As your future Judge, I will uphold them with integrity, fairness, and efficiency. Because at every level, Justice Matters—and People Matter.