Texas Squatter Bills Raise Concerns Over Tenant Rights

Texas lawmakers are proposing legislation aimed at outlawing squatting. This is counteracted by housing advocates who have voiced concerns about how the laws would substantially compromise tenant rights. 

Under Sen. Paul Bettencourt (R-Houston), Senate Bill 38 aims to expedite the eviction process by allowing courts to bypass specific procedures in cases involving straightforward facts. Right now, the Texas House is debating a like legislation.

Proponents argue that the law enables owners to retrieve their property more effectively. Critics argue, however, that the law addresses tenants with legal leases in addition to squatters, who are occupying dwellings illegally, thereby exceeding its intended reach. 

Nelson Mock of Texas RioGrande Legal Aid said, "This is not a squatter bill." He further stressed, “This bill represents a complete infringement on tenant rights."

Tenant and landlord rights now include the option of a court hearing before eviction. If a landlord provides documentation, SB 38 would allow justices to bypass that phase, therefore giving renters just four days to react. Should they fail to do so, the eviction procedure could start without a hearing and possibly within a week.

Advocates of squatting, including Sen. Bettencourt, have called it a "plague." On its frequency, nevertheless, little is known. 

Judge KT Musselman of Williamson County claims that, over the previous six years, there have been only one or two recorded cases of squatting. With over 300,000 cases overall, the great majority of the landlord-tenant disputes Texas courts handled last year were regular evictions.

Critics, including civil rights groups and housing lawyers, worry that the proposed legislation prioritizes property rights over due process. The overwhelming Republican endorsement and bipartisan support of the laws help them pass, even though tenant organizations and legal experts view them as a threat to constitutional safeguards.