Squatter Complaint
TEXAS PROPERTY CODE
Sec.24B.001. ARIGHT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT OF DWELLING BY SHERIFF OR CONSTABLE.
Notwithstanding any other law, an owner of residential real property or the owner ’s
agent may request that the sheriff or constable of the county in
which the property is located immediately remove a person who
unlawfully entered and is occupying a dwelling on the property
without the owner ’s consent if:
(1) the property:
(A) was not open to the public when the person entered the property; and
(B) is not the subject of pending litigation between the owner and the person;
(2) the owner or the owner ’s agent has directed the person to leave the property and the person has not done so; and
(3) the person is not:
(A) a current or former tenant of the owner under an oral or written lease; or
(B) an immediate family member of the owner.
Sec. 24B.002.AACOMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
OCCUPANT.
(a) A property owner or the owner ’s agent may request the removal of a person under Section 24B.001 by submitting to the sheriff or constable of the county in which the property is located a complaint.
Note: Complaint form can be picked up at the Constable ‘s Office.
(b) complaint submitted under this section must be made under oath or made as an unsworn declaration under Section 132.001, Civil Practice and Remedies Code.
Sec. 24B.004.AALIABILITY.
(a) A sheriff or constable is not liable to an unauthorized occupant or any other person for loss or destruction of or damage to property resulting from the removal of a person or property under this chapter.
(b) Subject to Section 24B.005, a property owner or the owner ’s agent is not liable to any person for loss or destruction of or damage to personal property resulting from the removal of the personal property from the owner ’s property under this chapter.
Sec.24B.005.AAACTION FOR WRONGFUL REMOVAL.
(a) A person who is wrongfully removed, or whose personal property is wrongfully
removed, from a dwelling or other real property under this chapter may bring an action under this section to:
(1) recover possession of the real property; and
(2) recover from the person who requested the wrongful removal:
(A) actual damages;
(B) exemplary damages equal to three times the fair market rent of the
dwelling;
(C) court costs; and
(D) reasonable attorney ’s fees.
(b) The court shall set an action brought under this section for hearing at the earliest practicable date to expedite the action.
