New Texas Laws to Help Homeowners Evict Squatters — What It Means for You in San Antonio

Have you ever wondered how the new Texas laws on squatters affect your rights as a homeowner or buyer in the San Antonio market?

As of 2025, the state of Texas has passed major reforms — most notably Senate Bill 1333 and Senate Bill 38 — that make it easier for property owners to remove unauthorized occupants (“squatters”) from their properties. For San Antonio area homeowners and buyers, that means stronger protections and more clarity on how to reclaim a property if someone is living there without permission.

What exactly changed?

I’ve been helping buyers in the San Antonio market for 18 years, and this is one of the more significant shifts in property‑rights law I’ve seen. Here are the key highlights:

SB 1333: Direct removal of unauthorized occupants

• Under the prior rule, a homeowner in Texas often had to go through the full traditional eviction process (file suit, trial/­hearing, writ of possession) when someone occupied a home without permission. (Texas Public Policy Foundation -)
• SB 1333 creates a streamlined path: the homeowner or their agent can submit a sworn complaint to the sheriff or constable stating the occupant is unauthorized (i.e., not a tenant with lease, not a family member, property not open to the public). Then law enforcement may remove the occupant before the full court process triggers. (Hendricks Property Management)
• It also increases criminal penalties for fraudulently claiming title or occupancy. (Texas Public Policy Foundation -)
• This new law becomes effective September 1, 2025. (Statesman)

SB 38: Speeding up the eviction track for squatters

• SB 38 is focused more on the traditional “eviction” / forcible detainer court side of things. It clarifies venue, mandates certain timelines (for example trial/hearing within 21 days of filing) and restricts the ability of courts to hear extensive title disputes in those cases. (gov.texas.gov)
• It will go into effect January 1, 2026. (Statesman)
• While originally broader in scope, advocates pushed back to ensure the expedited process applies only in bona‑fide squatter cases (not standard tenant disputes). (The Texas Tribune)

Why this matters for San Antonio homeowners and buyers

For current homeowners & investment property owners

• If you own a property that’s vacant (or you suspect someone is living there without permission) you now have a more direct and faster legal tool to recover control.
• For example: in the past you might have faced months of legal delay and mounting costs (taxes, insurance, utilities) while someone occupied a property without paying. With the new laws you have stronger recourse. (Texas Public Policy Foundation -)
• From a risk perspective: when acquiring properties (especially older homes or vacant holdings) you’ll want to ensure occupancy is solidly verified and you understand the new‑law path if occupancy becomes unauthorized.

For buyers in the San Antonio market

• Knowing these laws exist adds a layer of confidence when buying a property, particularly one that might be vacant, has been vacant, or has had occupancy issues. You’ll want to ask: “What’s the vacancy history? Has there been unauthorized occupancy? If there is, can the seller demonstrate it was handled appropriately?”
• It also signals that the market and regulatory climate are shifting somewhat in favor of clearer property‑rights. That can make vacant land, older homes, and redevelopment opportunities more attractive — because the “squatter risk” is reduced.

For all of us in San Antonio’s evolving housing market

• The city and county (e.g., Bexar County) will have to implement these laws locally: law enforcement will need resources, courts will need to adapt. For instance, one local report noted constables in Bexar County were already preparing for the increased workload when SB 38 takes effect. (San Antonio Express-News)
• It doesn’t mean squatters won’t show up; it means you have more legal clarity and stronger tools when it does happen. Being proactive (securing vacant homes, monitoring occupancy, maintaining property taxes/insurance) remains wise.

What you should do right now

Here are actionable steps you can take as a homeowner or buyer in the San Antonio area:

1. Verify occupancy status – If your property is vacant or will be vacant for a time, keep up with utilities, inspections, and document the condition to show the home is not abandoned.
2. Check tax/insurance utility payments – Squatter‑law risk increases when properties look neglected, taxes unpaid, utilities cut off. Make sure all is current.
3. If you suspect someone is there without permission – Contact a property attorney early and gather documentation (title/ownership, no lease, notice served, etc.). The new laws give you faster paths but you still need to follow procedure.
4. When buying – Ask about any occupancy issues or prior unauthorized use in your inspections or due diligence. Understand how to handle any legacy issues under the new laws.
5. Stay informed – Implementation will be critical. Ask local law enforcement or county officials how they are preparing for SB 1333 and SB 38, particularly around timelines and local processes in Bexar County & San Antonio.

After 18 years in the San Antonio real‑estate market, I’ve seen many owners stress over vacant homes or unexpected occupants. These new Texas laws—Senate Bill 1333 and Senate Bill 38—give property owners stronger, faster tools to protect their homes and investments. While they don’t eliminate risk entirely, they do shift the balance in your favor.

If you’re considering buying a property with any vacancy or occupancy concern—or you own property and want peace of mind that you’re protected—let’s talk. I can help you assess those risks, walk you through how the new laws apply locally in San Antonio, and incorporate this into your decision‑making.

Contact Information
Mark Stillings, Associate Broker, M.B.A.
 210.772.3123
 mark@markstillings.com
TikTok: https://www.tiktok.com/@markstillingsrealtor
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If you’d like a deeper dive into how these changes affect specific neighborhoods in the San Antonio market (for example older vacant homes or redevelopment opportunities), I’m happy to provide a neighborhood report. Just let me know.