Squatters, Sabotage, and Smoke Screens

 🏠 Senate Bill 38

In the Texas Legislature, Senate Bill 38 is being sold as a corrective measure to help property owners
quickly evict illegal squatters. But dig beneath the surface, and the bill looks far more sinister — an aggressive power grab dressed up as justice.

The Grand Pitch: “Protect Homeowners”

Supporters, including powerful landlord groups like the Texas Apartment Association, claim SB 38 is about demolishing squatting loopholes. They point to stories where homes sit empty for months under unlawful occupation facebook.com+11texastribune.org+11texasscorecard.com+11. State Senator Bettencourt notes cases where squatters remained even during the holidays—supposedly proof enough texasscorecard.com.

But Hold Up—This Isn’t Just About Squatters

Critics and tenant advocates are ringing alarms: this bill isn’t laser‑focused on squatters at all. In its original form, SB 38 would have:

Even rental lawyers worry this would strip due process for every single renter—not just unlawful occupants texasscorecard.com+9houstonchronicle.com+9yahoo.com+9. As one Republican landlord poignantly observed:

“Under the guise of squatters… they’re trying to take away due process” youtube.com+7houstonchronicle.com+7yahoo.com+7.

A Narrowing Amendment—Token Fix?

Under pressure, the House peeled back the worst excesses. Now, summary evictions are supposedly limited to “bona fide squatter” cases yahoo.com+4texastribune.org+4houstonchronicle.com+4. But critics know better—it’s a classic “rebrand and deflect” move. The same bill still weakens tenant protections, including how eviction notices are delivered and the ability to appeal facebook.com+10houstonchronicle.com+10texasscorecard.com+10.

Who’s Behind It? Follow the Money

The Texas Apartment Association didn’t just promote the bill—they bankrolled it. Over the last decade, they’ve donated roughly $2.7 million to Texas lawmakers, with a large chunk going toward SB 38’s sponsors houstonchronicle.com+1kvue.com+1. This amount doesn’t even capture the massive influence wielded via boilerplate leases that carry TAA’s weight.

The Real Story: Landlord Lobby vs. Tenant Rights

Tenants’ rights groups see SB 38 for what it is: a donor‑driven legislative land‑grab. Under the guise of protecting homeowners, it chips away at due process, legal transparency, and fairness—punishing all renters for the rare incidence of squatting houstonchronicle.com.

The Bottom Line

SB 38 isn't about squatter crisis management—it’s a blueprint for landlord supremacy. By fast‑tracking evictions and limiting court oversight, it sets a precedent for stripping fundamental rights under the pretext of rare but sensational cases.

If Texas really wants to handle squatters, law enforcement already has the tools to do it. What SB 38 does instead is weaken renter protections wholesale. It's not a fix – it's a stealthy roll‑back of tenant rights.

What You Can Do:

ActionWhy It Matters
Call your state repLet them know SB 38 isn’t a harmless squatter fix—it’s a threat to renters’ due process.
Push for targeted law enforcement actionIf squatters are an issue, legislation should empower the police selectively, not dismantle renter protections legislatively.
Demand clarity in legal definitionsIf “squatter” isn’t clearly defined in state law, this remains a loophole-in-waiting.

SB 38 might sound good on paper if you don’t read small print—but for everyday renters, it’s a slippery slope. Landlords shouldn’t need to rewrite property laws to reclaim stolen homes; they just need existing legal tools enforced. And Texas renters deserve better than being collateral damage in a lobby-powered blitz.

🗳️ Sponsors & Proponents

Sen. Paul Bettencourt (R‑Houston)

Rep. Angie Chen Button (R‑Garland)

Co‑sponsors in the Senate & House

🤝 Key Supporters

State Leadership

Texas Apartment Association (TAA)

Landlord Advocates

  • Bay Area and statewide landlords, including small and incidental ones, supported the bill as necessary for efficient eviction from vacant properties .

🔎 Bottom Line

  • Primary architects: Sen. Paul Bettencourt and Rep. Angie Chen Button.

  • High-level backers: Governor Abbott, Lt. Gov. Patrick, Speaker Burrows.

  • Major institutional supporters: Texas Apartment Association and the broader landlord lobby.

  • Widespread legislative buy-in: Multiple Republican and some Democratic co-sponsors across both chambers.

🛠️ Key House Amendments to SB 38

These changes were added in the Texas House to rein in the most extreme parts of the bill:

  1. Summary Disposition Restriction
    The controversial “summary judgment” process—allowing evictions without a hearing—was retained only for genuine squatter cases, not standard rent issues ltgov.texas.gov+9texastribune.org+9kut.org+9ksstradio.com+2kut.org+2senate.texas.gov+2.

  2. Mandatory Payment Opportunity
    Landlords must now give renters behind on rent a chance to cure by paying before eviction begins. However, no specific minimum notice period is mandated, so landlords could offer as little as one day texastribune.orgkut.org.

  3. Notification Flexibility
    Rules around serving eviction notices were tightened — allowing posting on the property, hand delivery, or even electronic methods like phone or email — to speed up court filings senate.texas.gov.

  4. Emergency Powers Preemption
    SB 38 limits future executive or judicial authority to pause or tweak eviction proceedings during emergencies (like the COVID‑19 pandemic), protecting landlords from statewide moratoriums youtube.com+4houstonchronicle.com+4ltgov.texas.gov+4facebook.com+9texastribune.org+9houstonchronicle.com+9.

🚫 Voices of Opposition

A coalition of tenant advocates, legal experts, and public health groups oppose SB 38, citing real-world risks it poses:

  • Ben Martin, Research Director at Texas Housers, applauded removing the summary disposition for renters, but warned the bill still “chips away at tenants’ rights” houstonchronicle.com+2texastribune.org+2kut.org+2.

  • Mark Melton, of the Dallas Eviction Advocacy Center, said it’s unconstitutional to allow evictions without hearings: “Due process is a constitutional right… You can’t change that.” houstonchronicle.com+2texastribune.org+2kut.org+2.

  • Nelson Mock, from Texas Rio Grande Legal Aid, argued the bill “uses a shotgun in a schoolyard to kill a mosquito” — crushing renters behind on rent under the guise of targeting squatters texastribune.org+3houstonchronicle.com+3facebook.com+3.

  • Housing & Public Health Experts: Organizations like the Houston Food Bank and Prevention Institute caution that faster evictions fuel homelessness, hunger, and worsened health — especially among women, children, and domestic-violence survivors houstonchronicle.com.

  • City & County Leaders: Houston Mayor John Whitmire and Harris County Commissioner Rodney Ellis warned the bill could reverse progress on homelessness and destabilize vulnerable families houstonchronicle.com.

🧭 Final Takeaway

  • Amendments focused on keeping fast-track evictions limited to clear squatter situations, requiring payment opportunity, broadening official notice options, and blocking emergency eviction pauses.

  • Opponents argue that, in practice, SB 38 still weakens tenant protections, risks due‑process, and could spike homelessness, hunger, and instability.


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