Texas wants to get tough on squatters

AUSTIN (KXAN) — Texas’ legal statutes has problems dealing with squatters, according to some state lawmakers, who heard testimony on Wednesday from people affected by the issue.

Lt. Governor Dan Patrick brought this problem to the Texas Senate with his interim charges for the body ahead of the 2025 regular session.

The item, titled “Secure Texas Against ‘Squatters,'” calls on the Senate’s Local Government Committee to review the state’s adverse possession laws. It also tasks the committee to recommend ways for the law to “streamline” the removal of squatters and “strengthen the rights of property owners.”

The committee, chaired by Sen. Paul Bettencourt, R-Houston, convened at 1 p.m. to hear testimony from invited speakers and members of the public.

Texas law and Squatters

Currently, state law appears to treat squatters as unwanted tenants and not as trespassers. According to the Texas State Law Library, laws that protect legal tenants from unlawful evictions may cause uncertainty for authorities.

“People in this situation sometimes ask the police to remove the unwanted guest for criminal trespassing,” a post on the library’s website reads. “However, authorities may be reluctant to remove a person who claims they live on the premises.”

Beyond the short-term, a squatter can eventually gain control of a property if there hasn’t been any legal action to remove them. However, a landowner has a ten-year period to bring such a lawsuit to evict the person squatting.

But according to two homeowners who testified Wednesday, bringing those lawsuits took months.

Homeowners vs. Squatters

Terri Boyette, a Mesquite resident who lost her home due to damage caused by a squatter, testified before the committee.

She told the committee that the squatter moved in while she was out of town and operated her home as a drug den. Mesquite Police went to the home on her request, but told her she would have to file a civil lawsuit to have the person removed.

Boyette said that legal process took months.

During that time, Boyette had to continue paying insurance, mortgage, property taxes and utilities. Now, the home is uninhabitable with mold damage, narcotics contamination, pest infestations and structural damage. Many of her personal possessions in the home were also either sold online by the squatter or destroyed.

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“This is burglary! This is breaking and entering! Your possessions were sold out on your front lawn! I’m really outraged, I’m really unhappy,” said Bettencourt in response. “This is never going to happen again in Texas when we get this bill passed.”

After the hearing, Senators Royce West, D-Dallas, and Bob Hall, R-Rockwall, left the hearing with Boyette, telling the committee that they would be calling Mesquite authorities about Boyette’s case.

KXAN reached out to the Mesquite Police for comment on the case.

The Menendez family from San Antonio also testified to their own “horror story.” While they eventually evicted the squatter after seven months, they testified that they felt threatened by law enforcement during the process.

What emerged from the testimony is an apparent pattern: a squatter moves in, the legal residents call police, law enforcement officers handle the squatter as a resident, the criminal case is dropped for a civil case, and then months are lost in legal proceedings. During that time, the legal residents may not be able to return home while a stranger has their way with the property.

No new laws until 2025

Barring a surprise special session from Gov. Greg Abbott, any legislative action on squatting will wait until the next regular session of the Texas Legislature.

A signal on what form that legislation might take came from Bettencourt after Boyette’s testimony.

“I don’t think civil fines make sense here, we need to make a criminal statute,” Bettencourt said. “I’m so shocked that this is happening…I will not stop until this is dealt with.”

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Beyond a potential new criminal law, further testimony by legal experts and law enforcement demonstrated the need for systematic change. To fully address the issue, a law would also need guidance for law enforcement, better verification of leasing and deed documents, and mechanisms to address vacant properties.

“The one thing that stood out to me was the hearts of the people this has happened to. We’re going to figure out how to fix this as soon as possible,” Bettencourt said.

However, an obvious hurdle for the committee and Texas legislators will be ensuring that protections for property owners don’t overshadow protections for legal tenants. For example, a landlord acting in bad faith could abuse an expedited eviction system to force out lawful tenants.

Bettencourt said that the committee plans to hold further hearings on the issue. He added that members of Mesquite Police, San Antonio Police, and other agencies named in testimony will be asked to testify in those meetings.

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