When the “Fixer-Upper” Comes with a Squatter: How SB 38 & SB 1333 Brought Maria’s Investment Back Under Control
- Adriana Perez
- Sep 7
- 4 min read
Updated: Sep 12
Maria felt that rush of pride as she stepped into her newly purchased Houston duplex. Finally, with years of hustle, she was a homeowner, and an investor. Her plan seemed rock-solid: rent out one side, renovate the other, and let positive cash flow write its own story.
But her plan almost derailed the moment she walked into the second unit. A stranger lived there, clothes strewn around, a mattress on the floor. No lease. No warning. Just a scrambler who had slipped through legal cracks and occupied her property. Sound familiar? It was a real nightmare that Texas legislators aimed to resolve.
The Old Way: Slow, Murky, Frustrating
Before the new laws, Maria could have been stuck, watching the imposter live rent-free, stalling her plans and draining her finances. Evictions meant months in court. Appeals dragged on. Law enforcement often couldn’t intervene because it was deemed a civil issue. One homeowner in Mesquite endured nearly a year before her squatter was finally removed, after furniture was sold and her home turned into a drug den .
Game-Changer Laws: SB 38 & SB 1333
SB 38: Clarity in Courts
Courts must now schedule eviction trials within 21 days of filing .
Narrowed summary-eviction rules only apply to clear squatting cases. Tenant protections are preserved with better notice requirements .
A balanced overhaul aims to protect property rights without dismantling due process .
SB 1333: Law Enforcement as First Responders
Once Maria files a sworn complaint, sheriffs or constables can immediately verify ownership and remove unauthorized occupants, no full court cycle needed .
Penalties now target fraud, especially fake leases or deeds used to claim properties .
Laws also protect legitimate tenants, those wrongfully ousted can seek triple market rent plus legal fees .
Maria’s Story, Rewritten with Real Impact
Maria filed her sworn complaint. Within weeks, not months, the case was set. No drawn-out stall tactics. Law enforcement verified her ownership and swiftly removed the squatter. The eviction process no longer felt like wading through molasses, resistant to speed and justice.
Why It Matters for Texas Property Owners
Swift justice, clearing your property fast saves money, stress, and renovation headaches.
Law enforcement clarity, sheriffs know when and how to act.
Penalties as prevention, fraudsters face real consequences.
Human protections, legitimate tenants are not voiceless in this system.
In Maria’s case, these reforms meant less disruption and a quicker path to profitable property management. But not all hope is blind: critics worry the laws’ broad language could threaten vulnerable renters,especially those behind on rent, fueling homelessness if applied too austerely . And lean local law enforcement budgets, like in Bexar County, might struggle to uphold tight service timelines .
The Texas Legislature didn’t just tweak policy, they equipped owners like Maria with powerful tools to reclaim their property, protect the process, and deter opportunistic squatting. If you’re venturing into real estate, these laws may be the reassurance you need, that the law now responds, not stalls.
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Blog Disclaimers
General Legal Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Laws and regulations change frequently, and their application can vary based on individual circumstances. Readers should consult a licensed attorney in Texas for legal guidance specific to their situation.
Real Estate Disclaimer
The examples in this article, including the story of “Maria,” are illustrative and fictional. They are intended to explain how new Texas legislation may apply in real-world scenarios and should not be interpreted as a factual account or a guarantee of outcome in any legal or real estate matter.
Accuracy & Sources Disclaimer
The information provided is based on publicly available sources including official legislative websites and credible news outlets. While every effort has been made to ensure accuracy, no guarantee is made that the information is current, complete, or free from errors. Readers are encouraged to verify details with official state resources or professional advisors.
Tenant & Property Rights Disclaimer
This blog does not take a position for or against landlords, tenants, or law enforcement. The goal is to highlight changes in Texas law and how they may affect property owners and renters. Every case is unique, and outcomes may differ depending on the facts, jurisdiction, and interpretation by courts or law enforcement.
Key Legislation and Supporting Sources
Senate Bill 38 (SB 38)
Speeds up the eviction process by requiring justice courts to schedule trials within 21 days of filing and tightening appeal rules .
Reform includes streamlined notice delivery, limits on summary dispositions to only clear squatter cases, and expanded tenant safeguards .
Designed to be balanced, protecting property owners while preserving due process for legitimate tenants .
Senate Bill 1333 (SB 1333)
Empowers sheriffs and constables to act quickly, once a valid sworn complaint is filed, without needing a full court eviction .
Introduces criminal penalties for squatting, especially involving fraudulent deeds or fake leases .
Includes safeguards ensuring that bona fide tenants are not wrongfully displaced and provides remedies if wrongful removal occurs .
Local Impact Example
Some counties, like Bexar County, express concerns about meeting tightened deadlines (e.g., serving eviction notices within 5 days, otherwise property owners may use other law enforcement to serve them) .
Broader Context & Criticism
Critics warn these bills may blur lines between squatters and struggling renters, potentially harming low-income tenants and increasing homelessness .
An illustrative case: A Texas homeowner’s hired repairman squatted and even held a yard sale with her furniture, highlighting how previously weak tools left property owners vulnerable .