Lawmakers forward eviction regulation to Abbott, focusing primarily on dealing with squatters
Refreshed Perspective on Texas' SB 38: Streamlining Evictions
Texas is inching closer to passage of Senate Bill 38, a proposal designed to expedite the removal of squatters from private property, following intense scrutiny and revisions.
At the start of the session, key decision-makers like Gov. Greg Abbott and Lt. Gov. Dan Patrick expressed a desire to streamline the anti-squatter bill. However, the initial version of Senate Bill 38 extended far beyond squatters, aiming to change the entire eviction process for tenants.
The House took matters into their own hands, drastically editing the bill to ensure it no longer expedited the eviction process for all tenants. Key changes protected renters from potential misuse of the law and shielded them from fast-tracked evictions.
"It's a win for renters that the worst aspects of this bill were watered down," stated Ben Martin, research director at Texas Housers. Removing controversial portions included the proposed summary disposition, which would have permitted judges to rule on eviction cases without a hearing. Craig Segal, a lawyer advocating for tenants, argued, "You can't change the constitutional right to due process."
The revised bill only applies to individuals who illegally occupy a property – squatters – preserving fair legal proceedings for tenants. Landlords, however, now have the requirement to offer grace periods for tenants who are behind on rent before initiating eviction proceedings. Nevertheless, the bill falls short of specifying a clear timeframe, potentially leaving tenants with little time to settle outstanding debts.
While the revisions offer a glimmer of hope for tenants, certain parts of the bill still worry renter advocates. The bill appears to overrule federal eviction protections on properties receiving federal assistance, sparking concerns amongst housing advocates about the potential displacement of lawful tenants.
State Sen. Paul Bettencourt commended the efforts of fellow Republican state Rep. Richard Hayes in collaborating with tenant advocates and landlords for revisions to SB 38. Hayes was unavailable for comment.
Senate Bill 38 represents a significant reform, aiming to expedite the eviction process while preventing unnecessary delay, ultimately ensuring property rights for both landlords and responsible tenants. Awaiting Governor Greg Abbott's signature, the bill will become law by June 22 if no action is taken.
Copyright 2025 KUT 90.5
- The revised Senate Bill 38, now focusing solely on squatters, is awaiting Governor Greg Abbott's signature, aiming to provide a streamlined eviction process while upholding tenants' due process rights in general-news.
- The controversy surrounding Senate Bill 38 persists, with renter advocates expressing concerns about its potential implications on federal eviction protections and policy-and-legislation, as the bill awaits final approval.
