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2025 Texas Statutes
Property Code
Title 4 - Actions and Remedies
Chapter 24B - Removal of Certain Unauthorized Occupants of Real Property
Section 24B.003. Verification of Complaint; Service of Notice to Immediately Vacate

Universal Citation:
TX Prop § 24B.003 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a) A sheriff or constable who receives a complaint under Section 24B.002 shall verify that the complainant is:

(1) the record owner of the property that is the subject of the complaint or the owner's agent; and

(2) otherwise entitled to the relief sought in the complaint.

(b) On verifying the complaint under Subsection (a), the sheriff or constable shall without delay:

(1) serve notice to immediately vacate on the person occupying the dwelling without the owner's consent; and

(2) put the owner in possession of the dwelling.

(c) Service of notice to immediately vacate may be accomplished by:

(1) hand delivery to an occupant of the dwelling; or

(2) affixing the notice to the front door or entrance of the dwelling.

(d) A sheriff or constable serving notice to immediately vacate under this section shall attempt to verify the identity of each person occupying the dwelling and note each identity on the return of service.

(e) A sheriff or constable serving notice to immediately vacate under this section may arrest any person found in the dwelling for an outstanding warrant or for trespass or any other offense for which probable cause exists.

(f) A sheriff or constable who serves a notice to immediately vacate under this section is entitled to receive from the complainant a fee in an amount equal to the amount the sheriff or constable would receive for executing a writ of possession.

(g) After the service of notice to immediately vacate by the sheriff or constable under Subsection (b), the property owner or owner's agent may request that the sheriff or constable remain on the property to keep the peace while the owner or owner's agent:

(1) changes any locks; and

(2) removes any personal property of an occupant from the dwelling and places the personal property at or near the property line of the owner's property.

(h) If a request described by Subsection (g) is made, the sheriff or constable may charge the person making the request a reasonable hourly rate set by the sheriff or constable for remaining on the property.

Added by Acts 2025, 89th Leg., R.S., Ch. 817 (S.B. 1333), Sec. 3, eff. September 1, 2025.

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