Texas Lawmakers Pass Bill to Speed Up Eviction Process for Squatters
Texas lawmakers have passed a bill that aims to make it easier for landlords and homeowners to evict squatters from their properties. The bill, known as Senate Bill 38, has been sent to Governor Greg Abbott’s desk for signature.
What the Bill Does
The final version of the bill strikes a balance between protecting property rights and ensuring due process for tenants. It reforms the civil eviction process, requiring courts to act within 10-21 days of an eviction filing. This is faster than the previous process, but longer than the five days initially proposed in the Senate version. The bill also limits expedited "summary disposition" evictions to strictly squatting cases.
Concerns and Revisions
Initially, there were concerns that the bill would affect not just squatters, but all renters, denying them due process under the law. However, the House amended the bill to provide additional protections for tenants in the eviction process. Ben Martin, research director for the nonprofit Texas Housers, noted that the final form of the bill restricts the most harmful changes to the eviction process to only squatting cases.
Author of the Bill
State Senator Paul Bettencourt (R-Houston) is the author of the bill. He also authored another bill, SB 1333, which sets criminal penalties for squatting. Both bills are awaiting Governor Abbott’s signature to become state law. According to Senator Bettencourt, the attributes of squatting are all the same, including forcible entry, occupation of property without ownership or right, and non-payment of rent.
Bipartisan Effort
The bill’s passage was the result of a bipartisan effort in the House of Representatives. Martin praised the coalition of lawmakers who took a stand to demand that the Legislature consider renters as human beings who deserve the same protections and chances at a stable livelihood as anyone else in the state.
Legislative Process
The bill passed the Senate in mid-April but sat dormant in the House for a month before receiving a hearing. Initially, it failed to receive a favorable vote in committee, but state Representative Richard Hayes (R-Hickory Creek) helped break the logjam. Senator Bettencourt credited Representative Hayes for his help in moving the bill forward.
Conclusion
The passage of Senate Bill 38 marks a significant development in Texas’s efforts to address squatting and eviction. While the bill aims to protect property rights, it also ensures that tenants receive due process under the law. As the bill awaits Governor Abbott’s signature, it is likely to have a significant impact on the state’s eviction process and the lives of renters and property owners alike.
