How to Fill Out the Texas Criminal Trespass Warning Form

A Texas criminal trespass warning form is a written notice telling a specific person they are banned from your property and that returning can lead to arrest under Texas Penal Code Section 30.05. State law does not require a particular form or even a written one, but a signed document, properly delivered and filed with local police, is what turns a verbal “stay off my property” into something officers and prosecutors can actually act on.1State of Texas. Texas Penal Code Section 30.05 – Criminal Trespass Fill it out with enough detail to identify the person and the property, serve it in a way you can prove, and hand a copy to the police department that covers your address.

What to Put on the Form

Section 30.05 does not dictate specific fields, so the content is driven by what police and prosecutors need to enforce it later. Whether you use a template from a legal document provider or a form supplied by your local department, make sure the following are on the page:

  • The banned person’s full name, plus any alias you know them by.
  • A physical description: height, weight, hair and eye color, scars, tattoos, or other distinguishing features.
  • Their home address, if you have it.
  • A specific description of the property they are banned from. Use the street address, unit or suite number, and if the property is large, name the boundaries or areas covered.
  • Your full name, contact information, and your relationship to the property — owner, tenant, property manager, or authorized agent.
  • The date, your signature, and, if possible, the banned person’s signature acknowledging receipt.
  • A witness signature, which adds another layer of proof.
  • A brief reason for the ban. Not legally required, but useful context if the case goes to court.

If the person refuses to sign, write “refused to sign” on the signature line along with the date and the name of any witness present. Their agreement is not what matters. What matters is that they received notice.

Many Texas police departments keep their own version of the form. Victoria’s program, for example, has property owners complete a participation form, a criminal trespass affidavit, and an authorization list before submitting the packet to the Records Division.2Victoria, TX. Victoria Texas Police Department – Criminal Trespass Affidavit Program Dallas routes completed forms to its Northeast Patrol Division.3Dallas Police Department. Criminal Trespass Affidavit Houston requires the affidavit to be notarized before it is submitted to the police station with jurisdiction over the property.4Houston Police Department. Texas Criminal Trespass Warning Form Call your local department’s non-emergency line before you start; using their form and following their intake process is the fastest route to a warning that ends up in their database.

How to Deliver the Warning

The warning only works if you can prove the banned person received it. Three delivery methods carry the weight officers and prosecutors expect:

  • Hand delivery in person, with a witness present. Ask the person to sign acknowledging receipt. If they refuse, your witness can confirm delivery later.
  • Delivery by a police officer. Call the non-emergency line and ask an officer to hand it over or be present when you do. The officer’s report becomes independent proof of service.
  • Certified mail with return receipt requested. If the person is not on the property, mail the warning and keep the signed green card. Amarillo Police specifically directs owners to use this method when the banned individual is not present.5Amarillo Police Department. Amarillo Police Department Trespass Warning Instructions

Keep the original form, any signed acknowledgment, your witness’s contact information, and the return receipt card together in one place. Without that packet, the warning may be unenforceable when you need it most.

Filing With Local Police

After service, deliver a copy of the completed form and your proof of service to the police department or sheriff’s office covering the property. Many agencies maintain a trespass log or database. When an officer later responds to a call at your address, they can pull up the record, confirm a warning was issued, and have probable cause to arrest on the spot.

Amarillo’s process shows how the handoff typically runs: after the banned person returns, the owner calls police, hands the responding officer the original warning and return receipt, and the officer then issues an official department trespass warning and signs it as a witness.5Amarillo Police Department. Amarillo Police Department Trespass Warning Instructions If your property spans more than one jurisdiction, file with each department separately. A warning on file with one agency does not appear in another agency’s system.

How Long the Warning Lasts

Section 30.05 does not set an expiration date. Some local departments treat warnings in their databases as active for a set period, commonly one year, after which you may need to refile. Ask when you submit the form how long it stays active and what renewal looks like.

You can revoke the warning at any time. Put the revocation in writing and notify the department where you filed the original so they can update their records. If the property changes hands, a warning issued by the prior owner may not carry forward, and the new owner who wants to keep someone banned should issue a fresh notice.

Penalties for Returning After the Warning

Knowing the exposure helps you explain the stakes if the banned person tests the warning. The baseline offense is a Class B misdemeanor, punishable by up to 180 days in county jail, a fine of up to $2,000, or both.6State of Texas. Texas Penal Code 12.22 – Class B Misdemeanor The charge can move up or down depending on where the trespass happens:

Mistakes That Make a Warning Fail

The most common reason a warning falls apart is a gap in the proof-of-service chain. If you cannot show the banned person received the notice, officers may hesitate to arrest and prosecutors may decline to file. Keep the original signed form, witness information, or certified mail receipt in one accessible place.

The second common error is issuing a warning for property you have no authority over. Section 30.05 requires notice from the owner or someone with apparent authority to act for the owner. A tenant can generally issue a warning for their own unit. A neighbor cannot issue one for someone else’s land. Property managers and security personnel should have written authorization from the owner on file. Some departments, including Victoria’s, require an authorization list naming everyone who can act for the owner.2Victoria, TX. Victoria Texas Police Department – Criminal Trespass Affidavit Program

The third is vague property descriptions. A warning that says “my property” without an address or boundary gives the banned person room to argue they did not know where the line was. Include the street address, unit number, or legal description so there is no ambiguity.

A Note for Landlords and Housing Providers

Trespass warnings against tenants’ guests are not immune from fair housing scrutiny. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability.9U.S. Department of Housing and Urban Development (HUD). Housing Discrimination Under the Fair Housing Act A landlord who selectively bans guests along protected lines, or who bans a disabled tenant’s caregiver, risks a discrimination complaint. Public housing authorities face tighter limits: federal regulations at 24 C.F.R. § 966.4(d) require reasonable accommodation of tenant guests, and courts have struck down blanket guest-ban policies that unreasonably restrict visitors. If you manage subsidized housing, base each warning on a documented safety reason tied to the individual, not a broad policy.