What Changed in Texas on January 1, 2026

A new state law, Senate Bill 38 (SB 38), went into effect at the start of 2026. It was designed to help property owners regain control faster when dealing with unauthorized occupants.

Here’s what’s different now:

• Faster court timelines for squatter-related evictions
• Clearer separation between tenants and unauthorized occupants
• Quicker hearings in the Justice Court for these cases
• Stronger reinforcement of private property rights

The goal is speed, but not shortcuts.

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The Eviction Process Still Requires the Courts

Even under the new law, Texas property owners must still follow legal steps:

• Provide formal notice
• File a forcible detainer case in Justice Court
• Wait for a court hearing and ruling
• Use law enforcement for removal, if granted

It feels backwards when you’re the rightful owner, but that’s the law.

I had to learn that the hard way, with advice from attorney friends who confirmed that doing things “the right way” protects you, even when the situation feels unfair. And yes, it feels unfair in my opinion.

Why This Matters for Texas Families

Vacant homes, especially after a death, are vulnerable. Neighbors worry. Families feel violated. And emotions can run hot.

This isn’t about being heartless. It’s about keeping families, neighborhoods, and properties safe, while staying on the right side of the law.

If sharing this experience helps even one Texas homeowner avoid panic, legal trouble, or danger, then it’s worth telling.

Why Winter Is a Peak Time for Squatting in West Texas

One thing I learned from my longtime friend and trusted real estate broker, Tonya Harbin of Tonya Harbin Real Estate (brokered by Real), is that squatting tends to increase during the winter months in West Texas. And honestly, it makes sense. When temperatures drop, people naturally look for shelter from the cold, and vacant homes, especially those tied up in estates, renovations, or waiting to be sold, become easy targets. Cold nights, limited shelter options, and unmonitored properties create the perfect storm. It’s not about bad intentions; it’s about survival instincts meeting opportunity. That’s why Tonya strongly encourages homeowners, heirs, and investors to check on vacant properties more frequently during winter and make sure they’re properly secured.

Because sometimes, learning the law only happens "after something goes wrong."