Texas property owners are facing mounting challenges in removing squatters, with current eviction laws bogged down in civil court procedures that can take months and cost thousands of dollars. Recognizing the escalating problem, state lawmakers are pushing for legislative reforms to streamline evictions and crack down on illegal occupants.
On Monday, the Senate State Affairs Committee considered two bills introduced by State Affairs Committee Chair Bryan Hughes (R-Mineola) and Sen. Paul Bettencourt (R-Houston) aimed at tackling the issue.
Squatting: A Growing Crisis in Texas
“Since we held interim hearings last year, we found out the problem is much larger than we originally thought, with Dallas being the second highest in the country,” said Bettencourt. “But there are problems all over the state.”
According to a 2024 survey conducted by the National Rental Home Council, Dallas ranks just behind Atlanta, Georgia, as a top hotspot for squatters. The growing prevalence of illegal occupants has led Lt. Gov. Dan Patrick to prioritize anti-squatting measures in the 89th Legislature.
During Monday’s hearing, Crystal Moya of Luma Residential testified about squatters occupying 11 low-income housing apartments in Dallas.
“We offered these squatters a legal recourse or a legal lease, but they refused,” Moya said. “We called law enforcement, but officers said this was a civil matter, forcing us to go through eviction court.”
The drawn-out process took six months due to legal barriers, including multiple notices, hearings, appeals, and federal regulations requiring a 30-day eviction notice. During this time, Luma Residential had to hire armed security to protect the property, accumulating financial losses of about $130,000.
Stephanie Graves, representing the Texas Apartment Association, reported that Q10 Property Advisors had filed 102 squatter-related cases over the past three years, with losses exceeding $750,000.
“This is a property rights bill,” Graves stated. “The system should not reward squatters with months of free housing while making property owners go through endless loopholes to reclaim what they rightfully own.”
The issue has even attracted criminal elements. Last year, members of the Venezuelan gang Tren de Aragua (TDA) took over part of the Palatia Apartments complex in San Antonio, illegally selling “leases” to new immigrants. Law enforcement ultimately had to intervene to remove the gang-affiliated squatters.
Proposed Legislation Aims to Speed Up Evictions
To combat these issues, Bettencourt has introduced a substitute for Senate Bill (SB) 38, which would:
Allow law enforcement agencies to serve eviction notices for nonpayment of rent.
Mandate that eviction trials occur within 21 days.
Give judges the power to issue default judgments if squatters fail to respond within four days of notice.
Meanwhile, Hughes’ SB 1333 would:
Allow property owners to request immediate assistance from law enforcement to remove squatters.
Enable property owners to recover damages ranging from $1,000 to $300,000 if their property is damaged or destroyed by squatters.
These measures aim to empower property owners and reduce delays in the eviction process.
Opposition Raises Concerns Over Due Process and Tenant Rights
While property owners support the bills, some advocacy groups and legal experts have expressed concerns.
Nelson Luck of Texas RioGrande Legal Aid, which provides free legal representation to tenants, argued that the bills undermine tenant rights.
“In my 26 years of practicing housing law, I have never seen a proposed law that does more to undermine fair play, due process, and the rights of tenants,” Luck testified.
He also raised concerns about a provision in SB 38 requiring public legal aid organizations to allocate half of their government funding toward tenant relocation assistance, potentially reducing resources for eviction defense.
Travis County Justice of the Peace Sylvia Holmes also criticized the bill’s proposed timelines.
“The idea that a tenant, who is likely unfamiliar with the legal system, could put together an articulate defense within four days is laughable,” Holmes said.
Despite these concerns, Bettencourt countered that the bill’s language was misinterpreted and that the Justices of the Peace and Constables Association (JPCA) had been consulted during the drafting process.
Next Steps for the Legislation
Both SB 38 and SB 1333 remain pending in committee, but the push for stronger anti-squatting laws is gaining momentum. Rep. Angie Chen Button (R-Garland) has filed a companion bill to SB 38, while nine House members have introduced companion or similar legislation to Hughes’ SB 1333.
