Is Squatting Legal in Texas After the 2026 Policy Reforms?

No, squatting in Texas is illegal under state and local laws. Texas Penal Code § 30.02 criminalizes criminal trespass, while civil eviction processes (Texas Property Code § 24) provide landlords swift removal tools. Local ordinances, such as Houston’s 2024 “Anti-Squatting Enforcement” directive, further empower law enforcement to act within 48 hours of detection.


Key Regulations for Squatting in Texas

  • Criminal Trespass (Penal Code § 30.02): Entering or remaining on another’s property without consent constitutes a Class B misdemeanor, escalating to a state jail felony if the property is habitation or the offender has prior convictions.
  • Forcible Detainer (Property Code § 24.002): Landlords may file for eviction in justice court, bypassing traditional eviction timelines; courts typically issue judgments within 10 days. Constables enforce writs of possession within 5 days post-judgment.
  • Local Ordinances: Cities like Dallas and San Antonio have enacted “nuisance abatement” policies, requiring property owners to register vacant structures and mandating 24/7 security measures to deter squatting. Non-compliance risks municipal fines up to $2,000 per violation.

Texas courts consistently uphold property rights, rejecting squatters’ claims of adverse possession unless strict 10-year occupancy and “hostile” use (as defined in Property Code § 16.026) are proven. The 2026 Texas Legislature is considering HB 1234, which would expedite property recovery by allowing law enforcement to remove squatters immediately upon owner verification, eliminating judicial review delays. Property owners must document ownership via deed or tax records to trigger enforcement actions.