Latest news with #SenateBill38
Yahoo
24-05-2025
- Politics
- Yahoo
Eviction bill now focuses on squatters in Texas House rewrite
The Texas House on Friday backed away from a legislative proposal that critics said would make it easier for landlords to evict renters. 'I'm celebrating the fact that a significantly worse bill could have passed and didn't,' said Mark Melton, an attorney who leads the Dallas Eviction Advocacy Center. Senate Bill 38's backers said the legislation is meant to help property owners oust squatters who illegally occupy a property. Before the 85-49 vote to preliminarily approve the bill Friday, House members agreed to strip a provision that tenants' advocates warned could oust renters from their home without knowing their landlord filed for eviction or being able to fight the matter in court. Under the change House members made Friday, the expedited eviction process could only be used in bona fide squatting cases. House members pared back some of the more controversial aspects amid pressure from housing advocates and concerns from some lawmakers. SB 38 still makes moves to reduce the meager safety net Texas renters have had in the past, its opponents said. For one, the bill would effectively bar the Texas Supreme Court and Gov. Greg Abbott from tweaking eviction proceedings during an emergency like the COVID-19 pandemic, when they required judges to pause those proceedings to allow tenants to tap emergency rental assistance. SB 38 supporters say existing laws don't adequately help landlords get rid of squatters. Landlord groups like the Texas Apartment Association told lawmakers they've had increased encounters with squatters. Cracking down on squatting is a top priority for the state's top three Republican officials — Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dustin Burrows. Chris Newton, who heads the Texas Apartment Association,hailed the bill's passage as 'a significant reform aimed at fixing the state's civil eviction process to prevent unnecessary delay and unlawful occupation of property.' 'The bill seeks to protect both property owners and residents by creating a more efficient path to address clear cases of illegal squatting while maintaining existing renter protections,' Newton said in a statement. The most crucial change came to a part of the bill that initially sought to give landlords ways to evict tenants without going to trial. Under the change House members made Friday, that process could only be used in bona fide squatting cases. Tenants would even get a slight reprieve if they miss a rent payment and had never done so before. The bill still makes changes that chip away at tenants' rights and grant them fewer protections in the future, housing advocates said. Under state law, landlords must give tenants written notice three days before they file for eviction. The bill would relax rules for how landlords may deliver that notice to tenants. The bill also aims to allow a landlord to proceed with an eviction even if federal law would otherwise bar them from doing so, a provision tenants advocates and legal experts said is unconstitutional. 'There is no part of this bill that is good and no part of this bill is needed,' said Ben Martin, research director for Texas Housers, a research and advocacy group. Disclosure: Texas Apartment Association has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
24-05-2025
- Politics
- Yahoo
Eviction bill now focuses on squatters in Texas House rewrite
The Texas House on Friday backed away from a legislative proposal that critics said would make it easier for landlords to evict renters. 'I'm celebrating the fact that a significantly worse bill could have passed and didn't,' said Mark Melton, an attorney who leads the Dallas Eviction Advocacy Center. Senate Bill 38's backers said the legislation is meant to help property owners oust squatters who illegally occupy a property. Before the 85-49 vote to preliminarily approve the bill Friday, House members agreed to strip a provision that tenants' advocates warned could oust renters from their home without knowing their landlord filed for eviction or being able to fight the matter in court. Under the change House members made Friday, the expedited eviction process could only be used in bona fide squatting cases. House members pared back some of the more controversial aspects amid pressure from housing advocates and concerns from some lawmakers. SB 38 still makes moves to reduce the meager safety net Texas renters have had in the past, its opponents said. For one, the bill would effectively bar the Texas Supreme Court and Gov. Greg Abbott from tweaking eviction proceedings during an emergency like the COVID-19 pandemic, when they required judges to pause those proceedings to allow tenants to tap emergency rental assistance. SB 38 supporters say existing laws don't adequately help landlords get rid of squatters. Landlord groups like the Texas Apartment Association told lawmakers they've had increased encounters with squatters. Cracking down on squatting is a top priority for the state's top three Republican officials — Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dustin Burrows. Chris Newton, who heads the Texas Apartment Association,hailed the bill's passage as 'a significant reform aimed at fixing the state's civil eviction process to prevent unnecessary delay and unlawful occupation of property.' 'The bill seeks to protect both property owners and residents by creating a more efficient path to address clear cases of illegal squatting while maintaining existing renter protections,' Newton said in a statement. The most crucial change came to a part of the bill that initially sought to give landlords ways to evict tenants without going to trial. Under the change House members made Friday, that process could only be used in bona fide squatting cases. Tenants would even get a slight reprieve if they miss a rent payment and had never done so before. The bill still makes changes that chip away at tenants' rights and grant them fewer protections in the future, housing advocates said. Under state law, landlords must give tenants written notice three days before they file for eviction. The bill would relax rules for how landlords may deliver that notice to tenants. The bill also aims to allow a landlord to proceed with an eviction even if federal law would otherwise bar them from doing so, a provision tenants advocates and legal experts said is unconstitutional. 'There is no part of this bill that is good and no part of this bill is needed,' said Ben Martin, research director for Texas Housers, a research and advocacy group. Disclosure: Texas Apartment Association has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here. First round of TribFest speakers announced! Pulitzer Prize-winning columnist Maureen Dowd; U.S. Rep. Tony Gonzales, R-San Antonio; Fort Worth Mayor Mattie Parker; U.S. Sen. Adam Schiff, D-California; and U.S. Rep. Jasmine Crockett, D-Dallas are taking the stage Nov. 13–15 in Austin. Get your tickets today!
Yahoo
27-04-2025
- Politics
- Yahoo
State head of special education departs for role in Maryland
As New Mexico still struggles to educate students with disabilities up to the same standards as their peers, the state's inaugural head of special education has left after less than two years on the job. Margaret Cage, who was selected in October 2023 as the inaugural director and deputy secretary of the Public Education Department's much-touted Office of Special Education, has departed for a new role in Maryland. Her last day of work at the department was Tuesday. Deputy Director of the Office of Special Education Tyre' Jenkins will serve as interim deputy secretary as a national search is underway to find Cage's replacement, Public Education Department spokesperson Janelle Taylor García wrote in an email to The New Mexican. 'Dr. Jenkins has been with PED since January of 2024 and has been a close partner with Dr. Cage throughout her tenure in creating and managing the Office of Special Education,' Taylor García wrote. Cage's departure from the new office comes as the state's more than 50,000 public school students with disabilities continues to face a persistent gap in achievement relative to their nondisabled peers. The Public Education Department's standardized testing data from the 2023-24 school year shows just 13% of students with disabilities were proficient in reading and 7.5% in math, compared to statewide averages for all students of 39% and 23%, respectively. In 2018, a judge in the landmark Yazzie/Martinez lawsuit decision against the state determined the state had failed to provide sufficient education to several groups of students, including those in special education. Gov. Michelle Lujan Grisham created the Office of Special Education by executive order in May 2023, arguing the office — located within the Public Education Department — would serve as a primary point of contact for students and their families to get the special education services they need while improving recruitment, retention and training for teachers specializing in special education. By the time it was established, the office had been on lawmakers' and advocates' minds for years. During this year's legislative session, Senate President Pro Tempore Mimi Stewart, D-Albuquerque, proposed Senate Bill 38 to officially codify the Office of Special Education in state statute, but the bill stalled after passing the Senate. When she was selected as the Office of Special Education's first top official, Cage brought 25 years of experience as a teacher, instructional coach, school leader and school system administrator to the role, plus a doctorate and master's degree in educational leadership. Prior to her departure, Cage earned an annual salary of $160,000, according to the New Mexico Sunshine Portal. She arrived in New Mexico from Assumption Parish Schools in Louisiana — a district of just under 3,000 students west of New Orleans — where she supervised special education services. Cage declined The New Mexican's interview requests upon her arrival in the role. Minutes from the Feb. 2 meeting of the Montgomery County Board of Education in Rockville, Md., indicate board voted unanimously to appoint Cage as the district's new chief student support officer. Cage continued her job duties until her last day Tuesday, Taylor García said, including providing insight during the legislative session. 'The Office of Special Education continues to be staffed with a number of highly qualified individuals dedicated to advancing the mission of the OSE,' Taylor García wrote in an email.
Yahoo
21-04-2025
- Politics
- Yahoo
Texas anti-squatter bills could mean faster evictions. Here's what renters should know
Texas lawmakers want to prevent squatters from violating tenant rights and landlords' properties. The Texas Senate passed Senate Bill 38, and it's now in the House. Meanwhile, the House introduced its own version of an anti-squatter bill, House Bill 32, that, if passed, would go into effect Jan. 1, 2026. What do these bills say about tenant rights, and are they actually helpful for Texas renters and homeowners? A squatter is a person who occupies an abandoned or unoccupied property without the legal right to do so. Squatters may move into a property for a variety of reasons, such as to find shelter, to avoid paying rent, or to claim ownership of the property. In Texas, squatters can claim what is known as adverse possession, which allows the trespasser to legally claim ownership of a property after a certain amount of time has passed. According to NOLO, adverse possession is a legal principle that enables a trespasser — often a neighbor but occasionally a stranger — to obtain rightful ownership of another person's land. Originating in early British legal traditions, this concept now primarily serves to ensure fairness. It applies when a property owner has neglected or overlooked a piece of land while someone else has continuously occupied, maintained, or utilized it for an extended period. Forcing the long-term occupant to leave under such circumstances could result in undue hardship or injustice. According to the squatter must do the following to claim adverse possession: either occupy the property for three years with a color-of-title lease; live on the property with a deed in their name, pay property taxes and cultivate the land for five consecutive years; or occupy and improve the land for at least ten years. Other requirements also include: There is no valid lease agreement. They must live on the property. The squatter must be physically present on the property as an owner to file a claim for adverse possession. To file an adverse possession claim, the squatter must not share the property with anyone else. They must show that they're openly living on the property and can't share it. The squatter has to live continuously on the property for three to ten years. If the squatter abandoned the property for months or years, they are no longer considered in possession of it and, therefore, cannot file a claim for adverse possession. On April 10, SB 38 passed the Texas Senate with a 21-8 vote. The bill was written by Senator Paul Bettencourt. In a statement, Sen. Bettencourt said the current tenant laws allow squatters to occupy properties through legal loopholes. "The current process is so broken that it punishes the rightful property owners while rewarding trespassers who know how to game the system, Bettencourt said. "In the interim hearing, 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! You can't make these up, as squatter horror story after horror story was told." Here's what's proposed under SB 38: Establishes a fairer, faster process to remove squatters, requiring courts to act within 10 to 21 days of a property owner's filing, clarifying the delivery method for the Notice of Vacate. Takes out appeals that stall evictions, reinforcing judicial discretion. Confirms that Justice of the Peace courts may set a hearing to motion for summary disposition. HB 32 in Texas introduces significant changes to eviction procedures, particularly affecting tenants. Here are some key points from the bill: The bill streamlines eviction suits, making it easier for landlords to remove unauthorized occupants. It restricts counterclaims in eviction cases, meaning tenants may have fewer legal avenues to challenge evictions. Only the Texas Legislature can modify eviction procedures, preventing local governments from enacting tenant-friendly policies. Landlords must provide at least three days' written notice before filing an eviction suit for nonpayment of rent, unless a different period is specified in a lease. According to a Texas Tribune article in March, legal advocates say HB 32 and SB 38 aim to simplify and expedite the eviction process, potentially enabling landlords to remove tenants with fewer procedural safeguards than currently required. This change may reduce the time tenants have to respond to eviction notices or present their case in court, making it more challenging for them to protect their rights. Mark Melton, an attorney who leads the Dallas Eviction Advocacy Center, said HB 32 is harmful to Texans' rights. "There is nothing lawful or fair about this bill at all," he said. "In fact, it is extremely and obviously unconstitutional.' Adam Swartz, a Dallas County justice of the peace judge said the bills are an exaggeration of what the actual problem is. "This bill seems like trying to kill a mosquito with a shotgun,' he said. Removing a squatter requires a law enforcement officer with a valid court order. According to the Texas State Law Library, if a squatter or tenant on your property fails to make the required rent payments or is intruding on the property, you can initiate the eviction process by serving them with a three-day vacate notice. If the three-day period elapses without any resolution, you can escalate the matter by filing an eviction lawsuit with your county's court. Typically, an eviction lawsuit takes approximately 2-3 weeks to reach a conclusion and may take longer if a notice of appeal is filed. You can read more about the process of evictions at In March 2024, Texas Gov. Greg Abbott tweeted that Texans have a right to defend themselves from squatters through the Texas castle doctrine. In Texas, the castle doctrine, a legal principle, grants residents the authority to employ force, even lethal force, in self-defense, the defense of their families, and the protection of their property against intruders or assailants. However, legal experts in Texas have said you can not just shoot a squatter. Geoffrey Corn, a professor at Texas Tech University's School of Law, explained in a Newsweek article that the Texas castle doctrine does not justify violence. 'Now, if I came home unaware someone had invaded my home, confronted that individual and demanded they leave, and was then attacked with deadly force, I would then be justified in defending myself with deadly force,' he said. 'But if I knew a squatter was in my home, and then attacked that individual with deadly force, my response would be excessive and the castle doctrine would not change that." This article originally appeared on Austin American-Statesman: What the proposed Texas anti-squatter bills mean for landlords
Yahoo
11-04-2025
- Politics
- Yahoo
Texas Senate passes anti-squatter bill
The Brief Texas Senate has passed Senate Bill 38, an anti-squatter bill. Co-author state Sen. Paul Bettencourt says that the current process punishes rightful property owners while rewarding trespassers. Under the bill, the courts will be required to act within 10 to 21 days of a property owner's filing. AUSTIN, Texas - The Texas Senate has passed an anti-squatter bill aimed at stopping people from living on property they don't own or rent without permission. Senate Bill 38 was a priority measure by Lt. Governor Dan Patrick aimed at restoring property rights and overhauling the state's flawed civil eviction process, says a release from Texas state Sen. Paul Bettencourt (R-Houston). What we know Squatting is a crisis that stretches across the state of Texas which is leading to a stretched-out eviction process in civil court. Bettencourt, who co-authored the bill, says that the current process punishes rightful property owners while rewarding trespassers. Under the new proposed legislation, the landlord must give the tenant at least five days' written notice to leave the property before filing for eviction, unless there is a written lease or agreement allowing for a shorter or longer stay. The courts are also required to act within 10 to 21 days of a property owner's filing. "You can't stay in the home because we have the ability to do a quick eviction process. And we did take an amendment that's already on the House bill by House Pro Tem Joe Moody that I also made sure that the tenants in normal contract situations have some rights," said Bettencourt. By the numbers "We found that there was a much larger number of squatters than anyone realized. Dallas actually had 475 cases ongoing. We found hundreds more in one constable district in Houston. When you add all that up, we're looking at thousands of cases, and the cases those are really horrifying," said Bettencourt. Bettencourt says there was a 70% bipartisan support on the bill, but there has been pushback by some lawmakers and organizations that believe it may hurt tenants facing eviction. "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," said Bettencourt. What's next The bill will have to pass the House before it makes it to the governor's desk. The Source Information in this report comes from reporting by FOX 7 Austin's Tan Radford.
