Important Legislative Updates Taking Effect September 1, 2025!
There are several legislative updates going into effect on Monday, September 1, 2025, so we wanted to make sure you knew about the new laws and the corresponding forms that we have prepared for your use.
Please read this entire email for all of the details, links to forms and other resources, and helpful information!
SB 1333 – Squatters!
This bill has several parts, most of which will impact constable processes. The main new process assigned to constables goes into effect Monday, September1, 2025.
Removal of Unauthorized Occupants (new procedure!)
This is a new procedure described in new Property Code Chapter 24B where property owners (or their agents) can request immediate removal by sheriff/constable of a person unlawfully occupying a dwelling, if:
- The property was not open to the public when entered,
- The property is not the subject of pending litigation between the parties,
- The owner/agent has directed the person to leave, and they have not done so, and
- The occupant is not a current/former tenant (under written or oral lease), immediate family, owner, or co-owner.
Who can file?
The complainant must be:
- the record owner of the property that is the subject of the complaint or the owner’s agent; and
- otherwise entitled to the relief sought in the complaint.
What is the procedure?
- The owner/agent must file a complaint that is sworn or has an unsworn declaration that includes everything listed in the statute and provide ID (and agent must give documentation of authority to act on owner’s behalf). In the county where the property is located. (This means, any precinct.)
- The Sheriff or Constable must establish the following:
- The property was not open to the public when entered,
- The owner/agent is actually the owner and has entitlement to make the complaint,
- The property is not the subject of pending litigation between the parties,
- The owner/agent has directed the person to leave, and they have not done so, and
- The occupant is not a current/former tenant (under written or oral lease), immediate family, owner, or co-owner.
- If the Sheriff or Constable determines that at least one of the issues exist the owner will be directed to proceed to the proper JP Court for the necessary eviction process.
- Then without delay, the Sheriff or Constable must serve notice to immediately vacate (by hand delivery or affixing the notice to the front door or entrance of the dwelling) and restore possession to the owner.
- The property owner or owner’s agent may request that the sheriff or constable remain on the property to keep the peace while the owner or owner’s agent:
- changes any locks; and
- removes any personal property of an occupant from the dwelling and places the personal property at or near the property line of the owner’s property.
Important Notes:
- Law enforcement may arrest unauthorized occupants for trespass, outstanding warrants, or other offenses for which there is probable cause.
- Sheriffs/constables may charge a fee equivalent to executing a writ of possession, plus an hourly rate if asked to remain on-site during removal.
- Sheriffs/constables are shielded from liability for loss/damage during removal.
- Owners/agents are generally not liable for property loss/damage from removal, but may be sued for wrongful removal and face damages, court costs, and attorney’s fees.
- The return of service should be provided to the person that filed the complaint and copy kept in the file at the constable/sheriff’s office.
This bill has other parts, including the creation of new criminal offenses. You can learn more by reading the Civil Process Legislative Update Materials on the TJCTC Legislative Page – https://www.tjctc.org/legislative.html
New Forms
Click the buttons below or visit the TJCTC Forms Page to access the new forms drafted by TJCTC for this process. Special thank you to Constable Chad Jordan’s Office for collaborating on these forms
Other Legislative Materials
Want more information about other legislative changes? Visit the TJCTC Legislative Page to download handouts and other information: https://www.tjctc.org/legislative.html
Registration for Programs is Coming Soon!
Civil Process Conferences will open for registration starting on October 21, 2025. Look for more information soon.
There will also be a special workshop this coming academic year, specifically for constables and deputies where we will do a deep dive into all of the recent changes to evictions and landlord/tenant issues!
