As Texas grapples with unauthorized occupants in homes and apartments, a new law, Senate Bill 38, came into effect this week to streamline the eviction process for squatters. The law, which does not criminalize squatting but rather reforms the civil eviction proceedings, has its roots in the experiences of property owners such as Dallas realtor Neera Truong, who struggled with squatters in her property, as reported by WFAA. Truong recounted a nearly four-month-long ordeal to regain control of her property, during which she couldn't simply call authorities to have the squatter removed.
Author of the bill, State Senator Paul Bettencourt (R-Houston), told WFAA, "You can’t squat on something you don’t own, and you have to be able to get thrown out quickly." The new law mandates justice courts to set eviction hearings on tighter schedules and restricts the focus to the issue of possession to avoid procedural delays. It standardizes notice requirements, allows for faster rulings, and speeds up the issuance of writs of possession post-eviction decision, ensuring quicker property recovery for owners.
However, there are fears among tenant advocates that the new law might negatively impact renters' rights. Shoshana Krieger of the Austin-based tenant advocacy group Building and Strengthening Tenant Action expressed concerns to WFAA that the new legislation, "will result in fewer protections for tenants." These advocates also raise alarms about the potential exacerbation of homelessness and the increased strain this could place on shelters and social services.
In the backdrop of this legal shift, self-proclaimed minister Kafil Tunsill's multiple attempts to occupy a foreclosed property in Houston also illuminate the growing issue of squatting. According to a report by ABC 13, Tunsill faced arrest after trying to assert rights over the bank-owned residence. Incidents like Tunsill's reflect the issues Senate Bill 38 seeks to remedy; however, critics warn that it could dangerously streamline eviction at the expense of renter safeguards, by relaxing the mandate for landlords to give tenants a written notice three days before filing for eviction.
