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Texas lawmakers are back to addressing squatters.
Texas Gov. Greg Abbott wanted there to be legislation addressing squatting reform this year. Lt. Gov. Dan Patrick also wanted to see lawmakers tackle the issue this session.
A new bill in the Texas House, House Bill 32, is described by lawmakers as "Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises." The bill was scheduled for a public hearing on Wednesday.
However, some advocates for tenants and even judges and lawyers say that the legislation doesn't have much to do with squatting and instead would transform the eviction process. The proposed law would eliminate the requirement of a landlord to provide an eviction notice to a tenant for any reason other than being behind on rent. Plus, an eviction case would be decided without a trial.
Current law states that landlords have to give tenants a three-day notice to vacate before they start the eviction process and every case is scheduled for a hearing before a justice of the peace.
State Representative Angie Chen Button said they have heard for years the stories of squatters taking over people's places and something needs to be done about it.
"Over the past several years, we have all read stories about squatters taking over property without a lease and not paying rent," said Rep. Button.
Rep. Button said there are loopholes that squatters are using to stay in the property while the case plays out in court. She claims that this bill will protect the millions of Texas homeowners and renters.
"It is about providing justice to the property owner and giving them their property back," she said.
There's been a recent surge in reported incidents between homeowners and squatters including the story that gained statewide attention of Terri Boyette, a homeowner in Mesquite, Texas. For nearly a year, a squatter had occupied her house while she was taking care of her parents. When they were finally removed, Boyette found her house in unrecognizable condition and all of her possessions gone. Boyette had paid utilities, taxes, homeowner's insurance and mortgage payments in order to not lose her rights to her home.
Squatting is illegally occupying someone else's abandoned or unoccupied property. It is illegal in the United States. Legally, squatters must be removed by a law enforcement officer with a valid court order.