Texas legislators are advancing bills to curb squatting, but critics argue the proposed laws could significantly weaken protections for renters across the state.
Houston lawmakers find themselves at the center of an escalating debate regarding new legislation aimed at addressing the issue of squatters. However, housing advocates in the city caution that these proposals may jeopardize the security of thousands of renters.
Senate Bill 38, written by Houston Republican Sen. Paul Bettencourt, successfully passed through the Texas Senate earlier this month and is garnering attention for what its supporters describe as an essential solution to an escalating issue. Bettencourt referred to squatting as a “plague” that was spreading throughout Texas, asserting that the law would help property owners reclaim their homes more quickly. The legislation permits judges to remove tenants without a hearing if the landlord provides proof of a lease breach and the tenant fails to reply within four days.
However, tenant advocates in Houston argue that the bill fails to reflect the situation in the city accurately. “This issue transcends squatters — it concerns the erosion of protections for renters,” stated Nelson Mock, an attorney with Texas RioGrande Legal Aid. “It provides landlords with a quick route to eviction, which poses a risk in a city where numerous individuals already face challenges in affording housing.”
Houston experiences one of the highest eviction rates nationwide. Experts in housing indicate that the majority of eviction filings in Harris County pertain to renters who possess legal leases rather than illegal squatters. In 2023, over 77,000 eviction cases were filed in the county, as reported by the Texas Office of Court Administration.
In the previous year, landlords submitted an unprecedented number of eviction cases in Travis County. Lower court judges, commonly referred to as justices of the peace, are responsible for overseeing these cases. In 2018, Judge Nicholas Chu oversaw eviction cases at a courthouse located downtown, as depicted in the image.
Bettencourt has not shared information regarding the number of actual squatting cases that take place in Houston. Judges in the area report that encounters with them are infrequent.
Although there is no specific evidence regarding squatters, the bill has garnered backing from local landlord organizations, such as the Houston Apartment Association. Tenant advocates express concern that the law may lead to an increase in evictions and exacerbate homelessness in at-risk communities in Houston if it is enacted without appropriate protections.
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