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Texas House votes to fast-track evictions in anti-‘squatter' bill
Texas House votes to fast-track evictions in anti-‘squatter' bill

Yahoo

time24-05-2025

  • Politics
  • Yahoo

Texas House votes to fast-track evictions in anti-‘squatter' bill

AUSTIN (Nexstar) — The Texas House voted 85-49 Friday to send Senate Bill 38 to a third reading after adding four amendments on the House floor. The bill speeds up the process of eviction, which supporters say is necessary to combat the problem of 'squatters' — people who unlawfully live in an unoccupied home and refuse to leave. Opponents of SB 38 claim it's a device to make it easier to evict tenants, rather than to address the problem of squatting. 'I couldn't find the definition of squatters in this bill anywhere. Do you know where it is, if it is?' State Sen. Judith Zaffirini, D-Laredo, asked of three invited witnesses speaking on behalf of the Texas Apartment Association during a Senate State Affairs Committee meeting on March 24. 'We'll have an attorney up after this, who I think can provide that for you,' Stephanie Graves, President of Q10 Property Advisors, said. 'I believe that it was in the bill; it might have been taken out in a revision.' Texas House bans THC products, reduces criminal penalty for possessing intoxicating hemp The initial version of SB 38 made no distinction between any person who failed to pay rent. The word 'squatter' never appears in the bill. 'There's the concept in the law, it's kind of a two-prong,' Corey Rogers with the Texas Apartment Association said. 'It's the 'forcible detainer' which is a person that's defaulted but who would have a right to be there, but there's also the 'forcible entry and detainer'… and that's when they're forcibly entering into a unit.' But the only time the phrase 'forcible entry and detainer' appeared in the initial version of SB 38 is in the sentence 'eviction suits include forcible entry and detainer and forcible detainer suits,' meaning for the purposes of SB 38, there's no distinction between being a squatter or a leaseholder late on rent. 'We looked at the concept, Sen. Zaffirini, of trying to do a whole definition based on squatters, and the problem is that's not a commonly-used definition in the U.S., so we basically handled — besides the forcible entry and [detainer] — we looked at this as a nonpayment of rent,' State Sen. Paul Bettencourt, R-Houston, said. 'The other way, we were having to go all the way back to English common law to even find any definitions.' 'Right, but all three witnesses used the term squatter,' Zaffirini replied. 'Well, that's right, we use that to explain to the public that's listening, for lack of a better description,' Bettencourt said. Woman who won $83.5 million jackpot not paid 3 months later, sues Texas Lottery Commission However, Dallas-based attorney and tenants' rights advocate Mark Melton said that because of the lack of distinction, the bill is geared towards anyone who's even a couple of days late on rent. 'Texas is one of four or five states that doesn't have a right to cure, which just means if you're late on rent, then you have a few days grace period where, under law, if you show up with the full amount of rent the landlord has to take it,' Melton said. 'What happens here is maybe you've got a tenant that complained too loudly because their air conditioner didn't work in August, and then they're late on Sept. 1. When they show up on Sept. 2 to pay the rent, you say, 'No, no, you can keep the money, I refuse to take it. You're now late, and I'm just going to evict you. We see those kinds of retaliatory issues happen all the time.' The main goal of SB 38 is to speed up the timing of the eviction process, to 'alleviate the strain the eviction process can place on property owners.' The bill would replace a requirement for landlords to give tenants an opportunity to respond to the notice of proposed eviction before handing them a notice to vacate, allowing both notices to come at the same time. SB 38 also increases the methods in which a notice can be given, including any 'delivery to the inside of the premises' and 'hand delivery to any tenant of the premises.' A House floor amendment was voted on to make sure the notices aren't hidden within homes or hand-delivered to children 15 or younger. SB 38 prevents local governments from making any additional eviction proceeding rules other than what's in the Texas Rules of Civil Procedure, including any requirements of mediation or pretrial conference. The most transformative aspect of SB 38 was the authorization of judges to rule a 'summary disposition' — allowing the landlord to win without going to trial. Under the bill, the landlord files a sworn petition with the court to start an eviction case, and a sheriff or constable would have to serve the papers to a tenant. The tenant would have four days to respond, and if the court finds there are no disputable facts that would prevent a judgment in favor of the landlord, the court can rule in favor of the landlord without a trial. A House floor amendment dramatically altered the summary disposition clause, making sure it only referred to those accused of a 'forcible entry and detainer.' If summary disposition is denied, the trial would have to start no later than 21 days after the denial. SB 38 will likely be voted out of the House on Saturday with their floor amendments. In addition to the amendments listed above, another amendment was added to give Texans the right to cure their nonpayment of rent if they had never been late any other time under the lease. The Senate will have to choose whether to accept the House's amendments or send the bill to a conference committee before sending it to Gov. Greg Abbott's desk for signing. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Texas bill to ban pet store 'puppy mill' sales doomed after missing deadline, say supporters
Texas bill to ban pet store 'puppy mill' sales doomed after missing deadline, say supporters

Yahoo

time22-05-2025

  • Business
  • Yahoo

Texas bill to ban pet store 'puppy mill' sales doomed after missing deadline, say supporters

Supporters of legislation that would have effectively banned the sale of "puppy mill" dogs and cats have admitted defeat as the 140-day legislative session hurtles toward final adjournment June 2. The twin pieces of legislation, House Bill 3458 by North Texas Republican state Rep. Jared Patterson and Senate Bill 1652 by South Texas Democratic Sen. Judith Zaffirini, were among scores of proposals that on one hand enjoyed bipartisan support but on the other could not overcome the deadlines in place to reach the finish line. The measures would have ended the retail sale of puppies and kittens in pet stores across Texas, cutting off a key supply line for out-of-state puppy mills that profit from inhumane breeding practices. 'Failing to pass the Ethical Pet Sales Bill signals that cruelty and consumer fraud will be allowed to continue in Texas unchecked,' said Shelby Bobosky, executive director of the Texas Humane Legislation Network. "For two sessions, Texas led on animal welfare, passing landmark reforms. But this year, we stepped backward. Texas can and must do better." Several large cities, including Austin, San Antonio and Houston, have ordinances governing the sale of puppies and kittens within their boundaries. Two years ago, legislation that would have imposed pet store regulations across the state stalled. Instead, a measure that curtailed local governmental entities from enacting a wide range of regulatory ordinances — including those aimed at pet stores — was signed into law by Gov. Greg Abbott. The law did not strike down pet store ordinances already on the books, but it prevents other local governments from imposing similar measures. This article originally appeared on Austin American-Statesman: Texas bill to ban pet store 'puppy mill' sales is doomed: supporters

Texas bill to ban pet store 'puppy mill' sales doomed after missing deadline, say supporters
Texas bill to ban pet store 'puppy mill' sales doomed after missing deadline, say supporters

Yahoo

time22-05-2025

  • Business
  • Yahoo

Texas bill to ban pet store 'puppy mill' sales doomed after missing deadline, say supporters

Supporters of legislation that would have effectively banned the sale of "puppy mill" dogs and cats have admitted defeat as the 140-day legislative session hurtles toward final adjournment June 2. The twin pieces of legislation, House Bill 3458 by North Texas Republican state Rep. Jared Patterson and Senate Bill 1652 by South Texas Democratic Sen. Judith Zaffirini, were among scores of proposals that on one hand enjoyed bipartisan support but on the other could not overcome the deadlines in place to reach the finish line. The measures would have ended the retail sale of puppies and kittens in pet stores across Texas, cutting off a key supply line for out-of-state puppy mills that profit from inhumane breeding practices. 'Failing to pass the Ethical Pet Sales Bill signals that cruelty and consumer fraud will be allowed to continue in Texas unchecked,' said Shelby Bobosky, executive director of the Texas Humane Legislation Network. "For two sessions, Texas led on animal welfare, passing landmark reforms. But this year, we stepped backward. Texas can and must do better." Several large cities, including Austin, San Antonio and Houston, have ordinances governing the sale of puppies and kittens within their boundaries. Two years ago, legislation that would have imposed pet store regulations across the state stalled. Instead, a measure that curtailed local governmental entities from enacting a wide range of regulatory ordinances — including those aimed at pet stores — was signed into law by Gov. Greg Abbott. The law did not strike down pet store ordinances already on the books, but it prevents other local governments from imposing similar measures. This article originally appeared on Austin American-Statesman: Texas bill to ban pet store 'puppy mill' sales is doomed: supporters

Texas senator extends record after casting 75,000 consecutive votes
Texas senator extends record after casting 75,000 consecutive votes

Yahoo

time16-05-2025

  • Politics
  • Yahoo

Texas senator extends record after casting 75,000 consecutive votes

AUSTIN (KXAN) — On Thursday, Dean Senator Judith Zaffirini, D-Laredo, cast her 75,000th consecutive vote in the Texas Senate—extending her record. Zaffirini previously broke the state and national record of most consecutive votes cast by a legislator in 2023 when she cast her 70,000th consecutive vote. Senator breaks records after casting 70,000th consecutive vote in Texas Senate 'Her votes span nearly four decades of policymaking and reflect decisions about major issues affecting every Texan, including education, health care, infrastructure and access to justice,' the Texas Senate press office said. Zaffirini has helped pass 1,401 bills—more than any legislator in the history of the State of Texas, according to the Texas Senate. Senator becomes first woman Dean of Texas Senate Zaffirini also made history in 2023 as the first woman Dean of the Senate, which is an informal title given to the senator with the longest continuous service. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Solar scams? Texas to consider cracking down on deceptive solar panel sales tactics, fraud
Solar scams? Texas to consider cracking down on deceptive solar panel sales tactics, fraud

Yahoo

time09-05-2025

  • Business
  • Yahoo

Solar scams? Texas to consider cracking down on deceptive solar panel sales tactics, fraud

AUSTIN (KXAN) — Texas lawmakers are considering cracking down on a growing problem of scams and fraud related to solar panels. In recent years, Texas has led the country in installing more new solar capacity than nearly every other state. However, Sen. Judith Zaffirini, D-Laredo, told her colleagues she believes that 'positive development is being overshadowed by a rise in fraudulent and predatory residential solar panel sales practices.' A recent report from Texas Appleseed reviewed consumer complaints from recent years and confirmed skyrocketing rates of frauds, scams and consumer harms related to the solar industry. It found the number of complaints related to solar panels submitted to the Texas Office of the Attorney General (OAG) increased by 818% from 2018 to 2023. The number submitted to the Texas Department of Licensing and Regulation (TDLR) increased 576% during the same time frame. The report also found that many of the harmful practices targeted older Texans and people who are not native English speakers. They including misleading statements, false promises, forgeries of signatures or other deceptive practices used to execute financing contracts, according to Texas Appleseed. It's why Zaffirini authored Senate Bill 1036, which aims to better regulate the solar industry and expands and provides more consumer protections. Her proposal would require salespersons and companies to register with the state and provide proof of liability insurance to the Texas Department of Licensing and Regulation. The bill would also create standardized contracts for solar panels, ban deceptive trade practices, provide a cancellation period for customers and allow the state to penalize violators. Those penalties increase if a victim is over the age of 65. The Senate passed the bill in April. In a hearing prior to its passage, State Sen. José Menéndez, D-San Antonio, told his colleagues he had heard several stories about older people, in particular, in his district falling victim to this kind of fraud. He relayed a story about a woman in her seventies, convinced to sign a 30-year loan for the product. Andrea Earl, Associate State Advocacy and Outreach Director with AARP Texas, said the organization has heard countless similar stories. For example, one older person thought they were getting more information on solar panel installation, only to later realize they had signed a contract. 'So, they used this tablet kiosk, signed it, and then they were locked into a 30-year contract that would essentially outlive them, with a ton of hidden fees and something they really could not afford to do,' Earl said. Earl said AARP Texas has been working to raise awareness about this and other types of fraud aimed at older Texans, often using technology such as artificial intelligence or cryptocurrency. However, regarding door-to-door sales scams, Earl said, 'There's just a certain comfortability of somebody coming to your door and doing this, as well as just some of the language that they use. And so it's really key for vulnerable adults and just vulnerable populations in general, to understand what's happening.' The bill also received support from the Texas Solar and Storage Association. Its executive director, Mark Stover, told lawmakers they want the industry to flourish in the state. 'Unfortunately some bad actors have given the industry a black eye, leaving consumers harmed along the way. It's time to tighten up regulations, expand consumer trust and ensure responsible home solar installations,' Stover said. Representatives from associations of electric and roofing contractors also testified in favor of the increased regulation. On Friday, the House State Affairs committee will hear testimony SB 1036. KXAN will update this article after that hearing. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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