A property owner or the owner’s agent may ask the county sheriff or constable to remove an unauthorized occupant by filing a complaint that meets the section’s requirements.
Sec. 24B.002. COMPLAINT 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 in substantially the following form that complies with Subsection (b): COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING WITHOUT OWNER'S CONSENT I, _____ (name of complainant), declare under the penalty of perjury that: (Complete each item as applicable and initial each item.) ___ 1. I am the owner of residential real property located at ______(property address) or the agent of the owner. ___ 2. A person unlawfully entered and occupies a dwelling on the property without the owner's consent. ___ 3. The property was not open to the public when the person entered the property. ___ 4. The property is not the subject of pending litigation between the owner and the person. ___ 5. The owner or the owner's agent has directed the person to leave the property and the person has not done so. ___ 6. The person is not a current or former tenant of the owner under an oral or written lease and any lease produced by the person is fraudulent. ___ 7. The person is not an owner or co-owner of the property and any title to the property that lists the person as an owner or co-owner is fraudulent. ___ 8. The person is not an immediate family member of the owner. ___ 9. I understand that a person removed from the property as a result of this complaint may bring an action against me for any false statement made in the complaint or for wrongfully submitting the complaint. ___ 10. I understand that I may be held liable for actual damages, exemplary damages, court costs, and reasonable attorney's fees in an action described by Item 9. ___ 11. I am requesting that the sheriff or constable immediately remove each person occupying the dwelling without the owner's consent. ___ 12. A copy of my valid government-issued identification is attached and, if I am the owner's agent, a document evidencing my authority to act on the property owner's behalf is attached. I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE UNDER SECTION 37.02, PENAL CODE. ____________(signature of complainant) (b) A 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. Added by Acts 2025, 89th Leg., R.S., Ch. 817 (S.B. 1333), Sec. 3, eff. September 1, 2025.