Texas Squatter Laws: How HB 32 Would Change the Eviction Process for Renters

Texas lawmakers are cracking down on squatters, but their new bill, House Bill 32 (HB 32), could have a significant impact on renters throughout the state. Intended to address illegal occupation of properties, the bill, which recently emerged from the legislative process, may drastically change the way evictions are handled. While the bill is framed as a response to squatters, tenant advocates and legal experts warn that it could undermine renters’ rights and due process protections. Let’s dive into what HB 32 means for both landlords and tenants, and why this proposed legislation is stirring controversy.

What Is HB 32 and Why Is It Controversial?

HB 32, introduced by state Representative Angie Chen Button, aims to streamline the eviction process in Texas. The legislation has garnered significant attention for several reasons. While it was initially pitched as a solution to Texas’ growing problem with squatters, critics argue that it might end up making it easier for landlords to evict tenants for reasons unrelated to rent payments.

Currently, Texas law requires landlords to give tenants a three-day notice to vacate before filing for eviction. Once the eviction case is filed, it goes to a hearing in front of a justice of the peace where both parties can present their case. This system is designed to provide tenants with due process and the opportunity to challenge their eviction.

However, HB 32 seeks to change this process in several significant ways, including:

• Eliminating the notice to vacate requirement for evictions related to reasons other than nonpayment of rent.
• Allowing landlords to request a summary judgment in eviction cases, meaning tenants could be evicted without a trial if the landlord claims there are no disputed facts.
• Expanding the ability for landlords to file evictions in courts outside the precinct where the rental property is located.

How Does HB 32 Affect Renters?

The implications for renters in Texas are significant. While the bill targets squatters, it could lead to more aggressive eviction practices, leaving tenants vulnerable to swift and potentially unfair removals from their homes.

Here’s what renters need to understand about HB 32:

1. No Notice to Vacate: If the bill becomes law, a landlord can immediately file for eviction if a tenant violates lease terms (e.g., smoking in a non-smoking area), without providing prior notice. This is a significant shift from the current system, where tenants are given at least three days’ notice before the eviction process begins.

2. Summary Judgment: One of the most contentious aspects of HB 32 is the provision allowing landlords to request a summary judgment in cases where they claim there are no disputed facts. This means tenants could be evicted without the opportunity for a full trial or a chance to defend themselves in front of a judge.

3. Renters at Risk: The bill makes it easier for landlords to evict tenants without offering a trial, even when the tenant has a legitimate dispute. This could especially affect tenants who are already facing financial challenges, like those who may be late on rent but have a valid reason for their delay.

4. No Jury Trials for Tenants: The proposed legislation removes the tenant’s right to a jury trial, potentially leading to a situation where judicial discretion is severely limited. Some critics argue that this could result in tenants being unfairly evicted based on incomplete or inaccurate claims by landlords.

What Is the Squatter Problem in Texas?

Many of the lawmakers backing HB 32 argue that squatters—people occupying properties without legal permission—are a growing problem in Texas. The Texas Apartment Association (TAA) and other property groups have shared anecdotal reports of squatters occupying rental units for months, causing significant losses for landlords.

One example often cited is a Dallas property manager’s experience with 11 squatters who had taken over an apartment complex. According to the property manager, it took six months and $150,000 to remove the squatters. In contrast, the number of squatters in Texas is still relatively small compared to the broader issue of evictions. According to data from Princeton University’s Eviction Lab, over 160,000 households in Texas faced eviction proceedings in 2024 alone.

Despite the media attention on squatters, evictions—especially those for nonpayment of rent—remain a far more significant issue. In cities like Dallas and Houston, evictions are an ongoing crisis, with thousands of families at risk of losing their homes each year.

Why Tenant Advocates Oppose HB 32

Tenant rights groups, legal experts, and judges have raised concerns about HB 32, arguing that it will harm tenants’ ability to defend themselves and access justice. Some of the key objections include:

1. Erosion of Due Process: Critics argue that the bill takes away basic protections for renters, such as the right to a trial and the ability to contest an eviction in court. This could have lasting consequences, particularly for those who face eviction due to disputes over minor lease violations.

2. Impact on Legal Aid Providers: Legal aid organizations, which provide representation to tenants facing eviction, could see their resources stretched thin by the bill’s provisions. The additional burden on local governments to fund relocation assistance could make it harder for these organisations to continue offering free legal support.

3. Unconstitutional Aspects: Some legal experts have suggested that certain provisions of HB 32, such as the ability for landlords to file evictions in nearby precincts, could be unconstitutional, particularly for tenants in rural areas who might face significant challenges in attending court hearings.

Will HB 32 Solve the Squatter Problem in Texas?

While HB 32 addresses squatting, many experts question whether the legislation will truly solve the issue. Squatting, as it is commonly understood, is a relatively rare phenomenon, and the current laws already give property owners the tools they need to remove squatters. Texas law allows landlords to file trespassing charges against individuals unlawfully occupying their properties.

Furthermore, the bill’s focus on streamlining the eviction process could inadvertently lead to unintended consequences for legitimate tenants who face eviction for reasons unrelated to squatting, such as nonpayment of rent or minor lease violations.

Conclusion: What’s Next for Texas Renters?

As HB 32 continues to make its way through the Texas legislature, renters and tenant advocates are urging lawmakers to reconsider provisions that may strip renters of their rights. With growing concerns about the fairness of the eviction process, it’s clear that this debate is far from over.

For renters, HB 32 represents a major shift in how evictions will be handled in Texas. The legislation may lead to more evictions, fewer opportunities for tenants to defend themselves, and a more landlord-friendly system.

Tenant advocates argue that HB 32 could weaken tenant protections and harm vulnerable renters across the state. Only time will tell if Texas lawmakers will listen to these concerns or push the bill through as-is. As always, renters should stay informed about changes to eviction laws and their rights under Texas state law.

Relevant Links for Further Reading

• Texas Housers
• Texas Apartment Association
• Princeton Eviction Lab

Photo credit: The Dallas Morning News