If you’ve tried to walk into an open house in Plano or Austin this week, you probably noticed things feel a little... weird. Maybe even a bit hostile. You aren't just grabbing a flyer and poking around the primary suite anymore. Instead, you're being handed a clipboard and asked to sign a representation agreement before you even see the kitchen.
It’s not just your imagination.
The landscape of texas real estate law news today is dominated by a massive shift that officially landed on January 1, 2026. Basically, the "wild west" of casual showings is over. Senate Bill 1968 has changed the rules of engagement, and honestly, a lot of folks are feeling the squeeze.
Whether you’re a buyer, a landlord, or just someone trying to figure out why your property tax bill looks like a phone number, there is a lot to wade through. Let's get into the weeds of what’s actually happening on the ground right now.
The New Reality of Buyer Agreements and "No-Advice" Showings
For decades, Texas operated under a system where subagency was the norm. If you didn't have your own agent, the person showing you the house technically represented the seller. It was confusing, sure, but it was fluid.
As of January 1, 2026, that’s gone.
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Now, Senate Bill 1968 mandates written buyer representation agreements. If an agent wants to give you advice, suggest an offer price, or negotiate for you, they must have a signed contract first.
But here’s the kicker that’s causing the most friction at open houses: the "Showing-Only" loophole. Under the new law, an agent can unlock a door for you without a signed representation agreement, but they have to be a "neutral" party. They can't give you their opinion on the foundation crack. They can't tell you if the price is fair. They basically have to stand there with their hands in their pockets.
For many buyers, this feels like a step backward in transparency. You’ve got agents who are scared of losing their license if they accidentally offer a tip, and buyers who feel like they're being forced into a "marriage" with an agent just to see a three-bedroom ranch.
Squatters, Evictions, and the Five-Day Deadline
If you're a landlord, the news is a bit more favorable, though it comes with some heavy ethical debates. Senate Bill 38 and SB 1333 are the big names here.
Texas has decided to get extremely aggressive with unauthorized occupants—otherwise known as squatters. Historically, removing someone who shouldn't be in your house could take months of civil litigation.
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Not anymore.
- The Five-Day Judgment: In cases of "forcible entry and detainer," landlords can now see an eviction judgment in as little as five days after filing.
- Law Enforcement Intervention: SB 1333 allows sheriffs to act immediately based on a sworn complaint of unlawful occupancy.
- The Catch: Tenant advocates like Ben Martin from Texas Housers are sounding the alarm. They argue that these "fast-track" rules might accidentally sweep up legitimate renters who are just behind on paperwork or facing a temporary crisis.
It’s a high-stakes balancing act. The state is trying to protect property rights, but the speed of the new system doesn't leave much room for error.
The 2026 Property Tax War
You can't talk about texas real estate law news today without mentioning the political firestorm surrounding property taxes. Governor Greg Abbott is currently pushing a proposal that sounds almost too good to be true: the total elimination of school property taxes for homeowners.
Right now, the state is flush with cash, and Abbott wants to use that surplus to "buy down" the tax rates until they hit zero.
What’s Currently on the Table:
- The $140,000 Exemption: Voters recently pushed the homestead exemption up to $140,000. That’s a massive chunk of value that the school district simply can't touch.
- The 3% Cap Proposal: There is a heavy push to lower the annual appraisal increase cap from 10% down to 3%. If you’ve seen your home value "skyrocket" on paper while your salary stays flat, this is the one you care about.
- First-Time Buyer Relief: A new proposal gaining traction in early 2026 suggests a "phase-in" period for first-time buyers. Instead of getting hit with a full tax bill on day one, they’d get a significant break that slowly disappears over five years.
The tension here is real. Critics argue that if you kill school property taxes, the money has to come from somewhere—usually a higher sales tax or deep cuts to education. It’s a "pick your poison" scenario that will likely dominate the 2026 election cycle.
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HOA Rule Changes: More Freedom, Less Green
If you live in a neighborhood with a Homeowners Association (HOA), you’ve probably had a run-in over a brown lawn or a "wrong" shade of beige.
Texas law has stepped in to clip the wings of some of the more overzealous boards. For instance, thanks to recent amendments to the Property Code, your HOA can no longer fine you for a brown lawn during a government-mandated drought. They literally cannot force you to water your grass if the city says you shouldn't.
There are also new protections for:
- Solar Roof Tiles: HOAs are finding it harder to block these.
- Perimeter Fencing: You have more say in the style and height of your fence, provided it doesn't block sidewalks.
- Political Gatherings: HOAs can't stop you from hosting a candidate or public official in a common area anymore.
Foreign Ownership Restrictions
One of the more controversial pieces of texas real estate law news today involves Senate Bill 17. This law prohibits citizens or entities from countries like China, Russia, Iran, and North Korea from buying Texas land.
The goal is "national security," but the implementation is messy. There are exceptions for U.S. dual citizens and homesteads, but it has created a layer of "due diligence" for title companies that didn't exist two years ago. If you're selling to an international buyer, expect the closing process to take a few extra days (or weeks) while the lawyers check the paperwork.
Actionable Next Steps for Texans
The legal landscape is shifting under our feet. Here is what you should actually do about it:
- If You're Buying: Don't be offended when an agent asks for a signed agreement. It's the law. However, you can ask for a non-exclusive agreement or a "showing-only" document if you aren't ready to commit to one person.
- If You're Selling: Ask your listing agent about their open house strategy. With the new rules, "unhosted" or "cross-brokerage" open houses are much harder to pull off. Make sure they have a plan to staff the event themselves.
- If You're a Homeowner: Check your 2026 tax appraisal the second it hits your mailbox. With the new transparency laws (HB 1522), you have more rights to see the data the district used to value your home. Protest it if it looks wrong.
- If You're a Landlord: Update your lease agreements to include "Electronic Notice" consent. This allows you to use email for certain legal notices, which is a lifesaver under the new SB 38 rules.
Texas real estate has always been a bit of a contact sport, but 2026 has added a whole new set of pads and helmets. Stay informed, read the fine print, and honestly, keep a good real estate attorney on speed dial. You’re gonna need them.