Legislation – Houstonius

Texas Governor Greg Abbott signed two key anti-squatting laws passed by the Texas Legislature: Senate Bill 38 and Senate Bill 1333. These measures aim to close legal loopholes, accelerate property recovery for owners, and eliminate long civil court delays when removing unauthorized occupants.

Starting January 1, 2026, real estate brokers in Texas are legally mandated to secure a written agreement before showing a residential property to a potential buyer.

This regulation, established by the Texas Occupations Code, ensures that the relationship between the agent and the client is clearly defined prior to any tours.

Depending on whether the broker is representing the individual or simply providing access, they must utilize specific 

Texas REALTORS® forms to remain compliant. Every agreement is required to

explicitly state the services provided,

a specific termination date,

and the negotiable nature of commissions.

By formalizing these terms early, the law protects both parties by clarifying exclusivity and compensation expectations.

These guidelines serve as a vital framework for professional conduct and regulatory adherence within the Texas housing market.

Click here – to download the short form for Buyer Rep Agreement to see any home.

What are the key changes in the HUD memorandum?

According to the provided sources, the HUD memorandum issued on May 22 introduces several shifts in how assistance animal accommodation requests are handled, even though the core legal framework remains the same.

The key changes highlighted in the memorandum include:

What Has Not Changed

It is important to note that the memorandum does not change the underlying law. The following elements remain stable:

In summary, while the legal protections for persons with disabilities remain intact, the operational interpretation and enforcement strategies used by HUD are the primary areas of change.

What is the impact of training and tasks guidance?

The guidance regarding training and tasks represents a significant shift in HUD’s enforcement interpretation and is a primary driver of the current period of “Policy Uncertainty” (2025–2026) for housing providers.

Based on the sources, the impact of this new guidance includes:

While these discussions around training and tasks are changing HUD’s interpretation, the sources emphasize that the Fair Housing Act (FHA) itself remains stable, and the requirement for case-by-case evaluations has not changed.

What documentation can be required from applicants under new guidance?

Under the new guidance and the current period of “Policy Uncertainty” (2025–2026), the specific documentation requirements for assistance animals are shifting, though the goal remains to verify the legitimate need for an accommodation.

Based on the sources, housing providers can require documentation that addresses the following:

Guidance on Unreliable Documentation

The sources highlight that housing providers should be cautious of certain types of documentation that may not meet the necessary criteria:

Because HUD is reporting the withdrawal of some previous guidance, the sources suggest that housing teams must focus on maintaining consistent and defensible processes for evaluating this documentation to manage increased operational risk.

What is the impact of the Interactive Process?

The Interactive Process serves as a critical framework for evaluating assistance animal requests, particularly during the current period of policy uncertainty. According to the sources, its impact is primarily seen in how it facilitates verification and manages risk for housing providers.

The key impacts of the Interactive Process include:

In essence, the Interactive Process moves the evaluation from a simple document check to an active engagement that ensures only those with legitimate, verified needs receive the accommodation.

Can pet rent be charged for assistance animals?

Based on the sources, the answer depends on whether the animal is a verified assistance animal or is determined to be a pet through the evaluation process.

Under the Fair Housing Act (FHA), which the sources emphasize has remained stable despite new HUD guidance, the following rules apply:

In summary, as long as the animal meets the criteria for an assistance animal under the stable FHA framework, it is exempt from pet rent. This remains a top concern for housing teams, which is why the sources recommend maintaining a consistent and defensible process for evaluating every request.

How should housing teams evaluate requests for multiple assistance animals?

Housing teams should evaluate requests for multiple assistance animals by applying a Reasonableness Test based on HUD guidance to determine the validity of the requests. According to the sources, there are four primary criteria and common concerns for housing teams to consider:

By focusing on these criteria, housing teams can manage the increased legal variability of the current “Policy Uncertainty” period while ensuring they remain in defensible compliance.

What is the Reasonableness Test for multiple animal requests?

Explain the difference between the 2020 and 2025 standards.

How can teams identify fraud during the Interactive Pro

Must a prospective apartment tenant be treated differently if that prospective tenant has an emotional support animal

Yes, under both federal and Texas fair housing laws, a prospective tenant with an Emotional Support Animal (ESA) must be treated differently than a standard pet owner.

In the eyes of the law, an ESA is not a pet; it is considered an “assistance animal” (a medical tool), similar to a wheelchair or a prescription.

1. Key Legal Protections

Under the Fair Housing Act (FHA) and the Texas Fair Housing Act, landlords must provide “reasonable accommodations” for people with disabilities. This means:

2. What You CAN Ask For

You are not required to take the tenant’s word for it. You have the right to request:

3. When Can You Deny an ESA?

While the protections are strong, they are not absolute. You may deny the request if:

Summary Table: Pet vs. ESA

Lester Langdon here.  In the past, several of my clients have had problems with squatters.  Here is a recent article from the Fort Worth Star Telegram, written by Tiffani Jackson

Here’s what Texas’ new squatter laws mean for landlords, tenants and homeowners

It’s a nightmare scenario for homeowners — discovering that someone has taken up residence in your property without permission, and finding out the process to remove them is anything but simple.

Lawmakers say squatting has become a growing problem in Texas, frustrating property owners and leaving law enforcement with limited options.

To address it, Gov. Greg Abbott signed two new laws this summer that make it easier to clear squatters from private property and add tougher penalties for fraud and trespassing. “Texas is facing a squatting crisis, with property owners struggling to evict delinquent tenants or remove people who were never supposed to be on their property in the first place,” Abbott said in a news release. Critics, however, warn the measures could blur the line between squatters and struggling tenants behind on rent. Whether you’re a landlord, homeowner or tenant, here’s what to know about how the new laws work.

Who is considered a squatter under Texas law? A squatter is someone who occupies property without permission, such as an abandoned home or a residence where they were never granted a lease. Unlike guests who overstay their welcome and may be considered tenants, squatters generally have no lease or rental agreement to protect them. Texas law has long recognized “adverse possession,” which allows someone to claim ownership after occupying land for years under strict conditions, but that process is rare. The more pressing issue for most homeowners is how to quickly remove someone who moves in without consent and refuses to leave. How does the new law change the process?

Senate Bill 1333 creates a new legal tool for homeowners: filing a sworn affidavit with the sheriff to request immediate removal of squatters. This bypasses the drawn-out eviction process that usually applies to tenants. The law also ramps up penalties for squatting-related fraud, making it a misdemeanor to present fake deeds and a felony to sell, lease or rent property using fraudulent documents. Property damage caused while trespassing now carries heavier criminal charges, with damage over $1,000 potentially prosecuted as a second-degree felony.

Importantly, the expedited removal process does not apply to family members or current/former tenants, it’s focused on unauthorized occupants only. What protections exist if someone is wrongfully removed? Lawmakers built in safeguards for people who are mistakenly evicted under the new process. I

If an individual can prove they were wrongfully removed, they can sue the property owner for damages. That includes actual losses, exemplary damages, attorney’s fees, court costs and up to three times the fair market rent of the property. These protections aim to balance property owners’ rights with due process for legitimate occupants.

How does the law affect evictions in Texas? Senate Bill 38 targets the court side of eviction proceedings, requiring justice courts to hear cases faster — within 10 to 21 days of filing. It also allows courts to issue summary judgments in clear squatting cases, speeding up removal when the facts are straightforward. The law clarifies how landlords must serve notices to avoid disputes over whether squatters were properly informed. Justice courts are limited to ruling only on possession of the property, not title disputes or broader claims, which keeps cases narrowly focused. The bill also prevents local courts or agencies from altering eviction rules, creating consistency statewide.

When do the new laws take effect? SB 1333 took effect on Sept. 1, 2025. SB 38 will go into effect on Jan. 1, 2026. Both were passed during the 89th Texas Legislative Session and signed by Gov. Abbott, who said they will give homeowners “an efficient means of evicting squatters from their property.” While squatting cases remain relatively rare, supporters say the laws provide much-needed clarity and faster remedies for property owners.

When do the new laws take effect? SB 1333 took effect on Sept. 1, 2025. SB 38 will go into effect on Jan. 1, 2026. Both were passed during the 89th Texas Legislative Session and signed by Gov. Abbott, who said they will give homeowners “an efficient means of evicting squatters from their property.” While squatting cases remain relatively rare, supporters say the laws provide much-needed clarity and faster remedies for property owners.