Constables briefed Commissioners Court on Aug. 14 about recently enacted state laws affecting evictions and'"squatter" removals (identified in the hearing as SB 38 and SB 1333) and warned the changes will require new operational planning and potentially more enforcement resources.
Constable Don Lopez (Precinct 5) and others described the changes: districts that once allowed longer timeframes for writ-of-possession execution may now face shortened deadlines (constables described a 5-day execution window in many filings) and an expedited criminal-trespass pathway that permits law-enforcement removal when a property owner certifies certain facts under oath. The laws also give the Texas Supreme Court rulemaking authority beginning Sept. 1 to clarify procedures.
Constables said the statutory changes could sharply increase demand for deputies at eviction and squatter-removal calls, raise the likelihood of confrontations (including cases involving people with mental-health issues), and create questions about training, liability and how enforcement costs will be funded. Several constables urged the county to develop a fiscal note, a project plan and staffing-cost estimate so the court can understand the resources required to implement the statutes.
County staff and commissioners said they will work to gather data and suggested PBO develop a detailed costing or fiscal note that enumerates steps, staffing and training needs so commissioners can consider whether to provide one-time or recurring funding. Constables said they are documenting current timelines and process durations to support a county-level cost and operations analysis.
Why this matters: The laws change how civil and criminal processes intersect in landlord-tenant situations and can speed removal of occupants; the constables said the changes shift operational burdens to local law enforcement and could increase safety risks and fiscal pressures unless staffing and policies are adjusted.