AUSTIN, Texas — This week, a senate panel heard testimony on a bill that supporters say makes it easier to remove squatters from residential properties. The issue is a priority for Lt. Governor Dan Patrick. Gov. Greg Abbott also promised to tackle what he described as an increasing problem.
Sen. Paul Bettencourt, R-Houston, is leading the effort in the upper chamber to try and remove squatters from residential properties. Rep. Angie Chen-Button, R-Garland, is sponsoring the bill in the House.
“We're streamlining the eviction process, addressing challenges property owners face when dealing with unlawful occupants,” said Bettencourt during a Senate State Affairs Committee hearing.
According to the National Rental Home Council, Dallas is among the top cities where homes have been taken over by squatters, with 475 illegally occupied homes last year. The executive vice president for the Texas Apartment Association says the issue is ongoing and supports the bill.
“We have members who testify today who have, for example, affordable housing communities, and they were unable to get somebody in who really needed housing because they had eight units that squatters were occupying who refused to sign leases or pay rent,” said Chris Newton.
Under current state law, landlords must give tenants a three-day notice to vacate before they begin eviction proceedings. Eviction cases are then heard before a justice of the peace in that jurisdiction.
Bettencourt’s bill will only require a notice to vacate if someone falls behind on rent; no notice would be required for any other reason. Eviction cases can be heard in adjacent districts and must be heard within 21 days, making the entire process faster than it currently is.
“This is a bill that undermines tenants rights all across the board, from the beginning of the eviction process to the very end,” said Nelson Mock with Texas Rio Grande Legal Aid.
There is concern this could result in the removal of tenants versus squatters — a difference not defined in the bill.
“That's why I wanted your definition about squatters to know exactly who we're talking about when you talk about your generalizations. If you're talking about someone who just moves in or someone who can't afford rent,” said Sen. Judith Zaffirini, D-Laredo.
Some believe common knowledge indicates the latter.
“It's that when they're forcibly entering the unit, that sounds a little more dramatic than it might be, but that's covering that concept of squatting,” said Corey Rogers with the Texas Apartment Association.
Another bill, Senate Bill 1333, clears up the distinction between tenants who overstayed their leases and haven't paid rent and those who occupy property without any legal basis. More conservative lawmakers want both bills to pass together.