Apr 28, 2025
A bill that aims to crack down on squatting in Texas has passed the state senate.
Bill 38 provides property owners with a faster legal process to evict squatters from their dwellings and reclaim their properties.
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“The current process is so broken that it punishes the rightful property owners while rewarding trespassers who know how to game the system,” State Sen. Paul Bettencourt, who authored the bill, said in a press release on April 10.
The bill would give landlords the right to file for an eviction notice if they have given a tenant at least three days’ prior notice, unless there's an existing lease or agreement with a different timeframe spelled out. In addition, the courts would be required to act between 10 and 21 days of the landlord’s filing.
“You can’t stay in the home because we have the ability to do a quick eviction process,” Bettencourt told Fox 7 Austin.
But critics of the bill believe it could lead to further problems.
The extent of the Texas squatting crisis
There’s limited data available to estimate how many squatters are currently holding property illegally in Texas.
Cpt. Jim Sharmon, Harris County Constable Pct. 4, testified that there are hundreds of cases each year in a single Harris County Constable Precinct, according to a May 2024 press release from Bettencourt.
Bettencourt also cited a third-party survey that reported 475 cases of squatting in the Dallas-Fort Worth area. He estimated there were thousands of cases across the state.
In the April 10 press release, Bettencourt emphasized the problem by recounting victims' stories: “A homeowner testified a squatter broke into her Mesquite home, sold her belongings for pennies on the dollar, and then a JP in Garland, Texas, ruled to keep the squatter in her home over the holidays, denying her the right to come home for Christmas!”
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Local Texas news station KHOU 11 reported a representative from the Texas Apartment Association testified that a group in San Antonio illegally seized more than 250 apartment units. The apartments were marketed as an immigration services center, but the group kept the rent money they collected for themselves.
“These stories are outrageous, but they’re real — and they’re happening statewide,” Bettencourt said in the release.
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Opposition to the bill
State Sen. Molly Cook was among those who opposed the bill.
“[Bill] 38 is very clearly a pro-eviction piece of legislation,” she wrote in a social media post. “This bill would streamline evictions, erode due process and increase homelessness in a time where rent prices are increasing faster than peoples’ wages. Housing insecurity is a public health crisis.”
The Texas Tribune reported on the state’s housing affordability crisis in January. Rising home prices have vastly outpaced incomes, according to the publication. Meanwhile, housing policy group Up for Growth estimates there’s a shortage of hundreds of thousands of homes.
Proponents of the bill argue that the proposed legislation works for both landlords and tenants with valid leases.
“I think we’ve struck the right balance between property rights of the owners and the needs of the of the renters, but to drive out the squatters that are really taking advantage of the fact that that they think they don’t have to pay anything or they have no penalty of occupying what they don’t own,” Bettencourt told Fox 7 Austin.
The bill must pass the House before the governor can sign it into law.
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Rebecca Holland is dedicated to creating clear, accessible advice for readers navigating the complexities of money management, investing and financial planning. Her work has been featured in respected publications including the Financial Post, The Globe & Mail, and the Edmonton Journal.
