Texas Tribune
Texas legislators want to tighten laws against squatters
by By Martín Slipczuk, The Texas Tribune – 2024-06-03 05:00:00
SUMMARY: At a Texas Capitol hearing, property owners recounted difficulties with squatters who occupied their properties, prompting state senators to consider revising related laws. Terri Boyette spent seven months evicting a squatter from her Dallas home, while Abram Mendez and Yudith Matthews faced issues with a contractor who overstayed at their San Antonio property. Senators aim to simplify removing squatters, but no specific legislative proposals were made. Experts argue that addressing squatters might weaken tenant rights amid rising evictions. Similar laws in Florida and Georgia were discussed as models for potential changes to Texas state legislation.
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During a hearing at the Texas Capitol earlier this month, property owners shared the horror stories they've experienced with people who refused to leave their properties.
Terri Boyette said she left her home in Dallas for a few weeks last year to deal with a family issue in Florida and came back to find that someone had broken into her house and stayed there. She filed for eviction and tried to follow the legal process on her own to save money but ended up hiring a lawyer because it became too taxing. It took her seven months to regain control over her home. The house was damaged and she's still trying to get her insurance company to pay for the repairs.
A couple from San Antonio, Abram Mendez and Yudith Matthews, said a contractor who was supposed to remodel their house stayed there and refused to leave. Even though the couple said they could prove they owned the property, the man lived at the house for more than three months.
Texas senators called the May 15 hearing to review state laws related to squatters, or people who illegally occupy a property. They said the law should help property owners kick out unwanted occupants more easily.
It's unclear how widespread the problem is. Sen. Paul Bettencourt, R-Houston, showed a mix of news reports on similar cases at the beginning of the hearing and said “the magnitude of it is shocking” but acknowledged there isn't any official state data. Stuart Campbell, a lawyer with the Dallas Eviction Advocacy Center, said “it is not a big scale problem at all” and questioned whether the issue should be a priority for legislators.
“It's extremely rare,” he said, and added that cases like these have gained attention recently after going viral on social media.
State Sens. Angela Paxton, R- McKinney, Bob Hall, R-Edgewood, and Paul Bettencourt, R-Houston, listen to testimony about laws relating to squatters during the Texas Senate Committee on Local Government on Wednesday, May 15, 2024 in Austin.
Credit:
Maria Crane/The Texas Tribune
While lawmakers didn't say what proposals they might pursue during next year's legislative session to address the issue, laws that were recently passed in states like Florida or Georgia were mentioned as potential models. Housing experts say such changes could end up weakening tenants' rights at a time when evictions have been climbing above pre-pandemic levels.
Here's what you need to know about Texas laws regarding squatters, the recourses available for property owners and occupants, and what changes lawmakers might pursue next year.
Who is a squatter?
Texas laws don't have a specific definition of who is considered a squatter, said Stuart Campbell, a lawyer with the Dallas Eviction Advocacy Center.
Rusty Adams, a research attorney at the Real Estate Center at Texas A&M University, described a squatter during the hearing as, “Someone who settles on property without any legal claim or title.”
What happens when there's a dispute over the ownership or occupancy of a property?
Property owners have to file for eviction when they want to remove someone from their property.
Adams said law enforcement may remove a trespasser, but if the person claims to have a right to be there — like claiming to have ownership of the property or a valid rent agreement — they have to stop the process until a court can confirm it.
When can an occupant claim ownership over a property?
While people who illegally enter a house don't have specific rights in Texas, Adams explained some people who have lived in a place for years may be able to claim ownership of the property through a process called “adverse possession.”
People can make an adverse possession claim in the following circumstances:
- If they have at least some documents to support their ownership claim and have lived at that property for at least three consecutive years.
- If they don't have any documents, they can still make a claim if they have paid taxes on the property and lived there for at least five consecutive years.
- If they don't have any documents or have paid any taxes, they can make a claim if they have cultivated or made improvements on the land, the property is no bigger than 160 acres and they have lived there for at least 10 consecutive years.
During the hearing, Bettencourt and Adams said changing the rules for adverse possession claims was not their focus, since these laws are not meant to protect trespassers.
What happens after an eviction is filed?
Texas laws require landlords to notify renters three days before filing for eviction. The case then must go to court between 10 and 21 days after the petition is filed and at least six days after the citation was served.
When property owners claim there was a forcible entry, owners can file for eviction immediately after giving the occupant an oral or written notice to vacate. The process would go through a similar timeline as with a tenant eviction before reaching the trial phase. It could take longer depending on the court's waiting list, or if the occupant requests a jury or seeks legal counsel. If the court sides with the property owner, the occupant has six days to vacate the property and to decide whether they want to appeal, which would extend the legal process.
Adams said eviction laws fall short when property owners are dealing with trespassers.
When property owners are facing an occupant who doesn't want to leave, they have to prove to the court they own that place. Even if they do, the eviction process can still face other delays. An occupant could falsely claim to be a tenant, or they could have acted in good faith if they unknowingly signed a fraudulent lease with a fake landlord.
“The eviction laws, as they are written, are designed for getting tenants out of property. I know we have some people who are purported tenants, and we may have some way to deal with that. But [when dealing with] a pure trespasser these laws are not working because they put the burden on the property owner to show that this person doesn't have to be there,” Adams said.
What changes do state lawmakers want to make?
The Senate Committee on Local Government called for the May 15 hearing to review existing laws, expedite the process for removing squatters and strengthen the rights of property owners.
“I don't know what theory of leftist-progressive-socialist reality started this, but it is going to end when this bill is passed in Texas,” Bettencourt said.
However, lawmakers didn't propose any specific changes during the hearing. Some solutions proposed by attorneys who testified were to create new guidance to help law enforcement officers when dealing with trespassers, as well as new standards to determine whether a person has a right to be on a property and remove them if they don't. They also suggested expediting the eviction process in certain cases, creating criminal penalties for trespassers and helping property owners recoup any financial losses.
New laws passed in Florida and Georgia this year were mentioned as possible models.
In Florida, a property owner now only needs to provide a statement saying an occupant is not authorized to be there and proof of ownership for an eviction to move forward. Doing so will allow law enforcement to vacate any occupants immediately. The occupant may file a civil suit after that and, if they show they were wrongfully removed, they may regain access to the property and recover costs and damages involved with the eviction.
Georgia created a new timeline for occupants to show they have a right to be on a property. They now have three business days after receiving a citation to present proof like a lease or rental agreement. If they do, the case must go before a court within a week.
The law also created nonjury trials for evictions and added monetary relief to make up for any losses property owners might incur.
How could changes impact Texas tenants?
According to Texas Housers, while federal and state protections were able to temporarily halt the rising tide of evictions during the height of the pandemic, the end of those protections led to a rise in eviction rates in 2022 and 2023. Eviction numbers are now higher than they were before the pandemic.
The legal rights and protections conferred to tenants in Texas during eviction proceedings are limited compared to other states, according to a report of the Keep Harris Housed Coalition.
“Beyond the formal legal process, tenant households experience evictions regularly through a myriad of landlord intimidation tactics,” the report said. “It is illegal to cut off utilities, restrict entry with a padlock, or change door locks and deny a tenant re-entry into their unit, but landlords frequently use these tactics to encourage the tenant to leave the property without a court order or force tenants to go into debt to gain entry into their home.”
Making changes in eviction Texans laws could further limit tenant rights, Campbell said. Changing the time or manner in which a landlord must give notice to an occupant before evicting them could result in treating tenants and trespassers the same way.
“Evictions traumatize children, impoverish families, and diminish their ability to gain secure, stable housing in the future — and they happen disproportionately to Black, Latinx, and immigrant communities,” Texas Housers says.
The organization has advocated for offering tenants more access to legal counsel, which it says is a proven, cost-effective and essential resource for tenants facing eviction. Across the country, 83% of landlords have attorneys but only 4% of tenants do, according to the National Coalition for a Civil Right to Counsel.
Disclosure: Texas A&M University 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.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.
Texas Tribune
UT-Austin offers probation to students arrested in protests
by By Asad Jung, The Texas Tribune – 2024-07-05 17:44:44
SUMMARY: The University of Texas at Austin is disciplining students arrested during pro-Palestinian protests in April by offering “deferred suspension,” allowing students to avoid suspension by proving educational growth. Deferred suspension requires students to take an exam on university rules and avoid appealing the decision. Some students, like Ari Lenahan, see this as a relief compared to harsher penalties faced by peers at other universities. Over 130 protesters were arrested, but Travis County Attorney Delia Garza declined to pursue criminal trespassing charges. The university's heavy-handed response has sparked criticism from students, faculty, and free speech advocates.
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The University of Texas at Austin has begun disciplining students who were arrested in pro-Palestinian demonstrations in April, scolding them for their actions but offering them a path to avoid suspension.
In letters sent out to students this week, first reported by KUT, university officials said it would be appropriate to suspend them for their actions during the protests but would give them the option to take “deferred suspension” instead, a form of probation that would allow students to remain in class and keep the disciplinary action from appearing on their final transcripts.
“Recognizing our commitment to educational growth, we want to offer you an alternative path to avoid suspension by proving that you have learned from this experience,” reads one of the letters obtained by The Texas Tribune.
Students who choose deferred suspension must agree to take an exam testing their knowledge of the university's rules and agree not to appeal the decision. The status would be active until July 7, 2025.
Those who decline that option would be suspended, the letter says. Students may also appeal the disciplinary sanctions through a university hearing.
Ari Lenahan, a UT-Austin student set to graduate in December, said he was relieved the university offered him deferred suspension since students at other universities across the country are facing harsher punishments after participating in pro-Palestinian demonstrations. He said it may be the best choice for him since he aims to graduate this year.
“It's a lot clearer where I stand now, at least in the university's eyes,” he said.
Lenahan still has a hold on his account preventing him from registering for classes in the fall but said the letter he received Wednesday states any holds will be removed once his case is resolved.
Anne-Marie Jardine, a recent graduate, received a sanction letter concerning her involvement in an April 24 pro-Palestinian demonstration. Jardine was told she would be under deferred suspension for one year if she were to re-enroll at UT-Austin. Jardine said she hasn't received her official diploma from the university yet.
Many other students under investigation have not yet been informed about how the university plans to move forward with their cases. Sam Law, a PhD candidate who was arrested on April 29, said that he expects the university will contact him soon.
More than 130 protesters were arrested at pro-Palestinian demonstrations on UT-Austin's campus in late April. In resolute efforts to dispel the protesters, law enforcement at the time deployed pepper spray and flash-bang explosives and charged students with horses. State troopers were deployed by Gov. Greg Abbott to help quash the protests and had a hand in the arrests.
Those arrested were charged with criminal trespassing but Travis County Attorney Delia Garza declined to pursue those charges.
In the aftermath of the protest, many students, faculty and free speech advocates questioned UT-Austin's heavy-handed response to the protests and criticized state GOP leaders' support of the arrests. Just a few years ago, Abbott had championed state legislation that protected free speech on college campuses, leading free speech advocates to ask who gets to enjoy free speech protections in Texas.
UT-Austin leaders, meanwhile, have vowed to carry out discipline against students who violated campus policies. Seniors in the class of 2024 were afraid their diplomas would be withheld, though they were permitted to join graduation ceremonies in the spring.
Sneha Dey contributed to this story.
Disclosure: University of Texas at Austin 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.
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Texas Tribune
Hurricane Beryl likely to hit Texas coast Monday
by By Emily Foxhall, Berenice Garcia and Stephen Simpson, The Texas Tribune – 2024-07-05 16:47:07
SUMMARY: Texans are being urged to prepare for Hurricane Beryl, expected to make landfall as a Category 1 or 2 storm along the Texas coast on Monday. Currently crossing Mexico's Yucatan Peninsula, Beryl could hit anywhere from northern Mexico to the mid-Texas coast. Officials stress vigilance and preparation, especially for those along the Gulf coast, and advise stocking up on essentials like food and water. Emergency measures include distributing sandbags and readying evacuation plans. Beryl, an unusually strong early-season storm, has already caused significant Caribbean damage, with forecasters predicting a highly active hurricane season exacerbated by climate change.
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Texans need to prepare for Hurricane Beryl, which is likely to make landfall on the state's coast as a Category 1 or 2 storm on Monday, state emergency officials said.
The record-setting storm was moving across Mexico's Yucatan Peninsula on Friday, leaving forecasters still unsure exactly where along the Texas coast will see the worst rainfall and wind.
As Beryl left behind a trail of destruction across Caribbean islands, state officials urged Texans along the entire Gulf coast to pay close attention and prepare for a dangerous storm, particularly people vacationing during the July 4 holiday weekend.
“Everyone along the coast should be paying attention to this storm,” Lt. Gov. Dan Patrick said at a news conference in Austin. Patrick is serving as acting governor as Gov. Greg Abbott travels in Asia on an economic development trip.
Residents should be gassing up their vehicles and making sure they have food and water for themselves and their pets, Texas Division of Emergency Management Chief Nim Kidd said.
“A lot of people are out having fun right now, and that's a good thing, and we want them to continue to do that, but we also want them to prepare,” Kidd said. “We need a prepared community, not a panicked community.”
Boarded windows at the H-E-B Plus! grocery store in Brownsville on July 5, 2024.
Credit:
Michael Gonzalez for The Texas Tribune
Officials in the Rio Grande Valley and Corpus Christi have been distributing thousands of sandbags to help people prepare for potential flooding. South Texans have been eager for rain because the two major reservoirs on the Rio Grande have reached near or record lows in June.
Forecasters on Friday expected Beryl to make landfall anywhere from northern Mexico to the mid-Texas coast. The storm appeared likely aimed for South Texas but experts warned its path could shift north to Corpus Christi or Matagorda Bay.
Tropical storm-level winds would likely arrive Sunday night, according to the National Hurricane Center. Areas from Brownsville to Corpus Christi faced the greatest wind threat under the current forecast.
Heavy rain could begin Sunday and last through Tuesday. The National Hurricane Center predicted four to eight inches to fall along the South Texas coastline, with higher amounts in some spots, and up to six inches from Corpus Christi to Matagorda Bay. Forecasters expected the storm to slow over land, which would increase the risk of flooding.
Rip currents and high seas starting late Friday will make coastal conditions dangerous.
In the Rio Grande Valley, officials were preparing for possible flooding.
The eastern part of Hidalgo County tends to be hit the hardest during heavy rains, but the county was taking steps to mitigate flooding there, said Ricardo Saldaña, Hidalgo County's emergency management coordinator. Officials have placed water pumps near flood-prone areas and worked with contractors to prevent flooding at drainage project sites by covering up excavation holes.
Saldaña warned residents to make their own preparations by stocking up on food and water, preparing an emergency kit, and making arrangements with friends and family to relocate if necessary.
Sandbags at a county facility in Brownsville on July 5, 2024.
Credit:
Michael Gonzalez for The Texas Tribune
Cameron County Judge Eddie Treviño, Jr. recommended that people in recreational vehicles leave county parks.
“If you don't feel safe, evacuate,” said Tom Hushen, Cameron County's emergency management coordinator.
If there is flooding, Hushen said they were prepared to mobilize fire trucks and ambulances to help people evacuate. But high winds could pose another threat. Winds of more than 90 miles per hour could cause those vehicles to topple over. In that scenario, county officials would have to deploy larger vehicles like dump trucks.
Hushen said any power outages would prompt the opening of emergency shelters. He also advised residents to tie down any loose items in their yards and to bring in all patio furniture because high winds could turn those objects into projectiles.
“Listen to the warnings,” Hushen advised residents. “Things could change at a moment's notice.”
Beryl has astounded meteorologists with its strength so early in the summer. Warmer-than-normal ocean temperatures helped Beryl rapidly strengthen into a Category 4 storm in late June — becoming the first recorded Category 4 storm to form in June, according to the National Oceanic and Atmospheric Administration.
Beryl strengthened into a Category 5 and tore across the Caribbean, causing devastation in Grenada and Jamaica. It pushed onto the Yucatan Peninsula early Friday as a Category 2 storm.
“Beryl is so out of place historically given how early in the season it is and how strong it got,” said Houston-based meteorologist Matt Lanza, who helps write a blog on tropical weather called The Eyewall. “Typically you don't see that sort of thing until August — not the end of June, beginning of July.”
Federal forecasters expect this hurricane season, which began June 1, to be a bad one. They predicted to see 17 to 25 named storms form, which was more than they had ever forecast before a season's start. They believed four to seven of those would be Category 3 storms or stronger.
Climate change driven by people burning fossil fuels is causing oceans to warm and makes hurricanes more likely to be stronger. Scientists also say climate change may make rapid intensification of storms more likely — as happened with Beryl.
“To look at a satellite on June the 30th or July the 1st and to see a storm of Beryl's magnitude is almost unbelievable,” said Michael Lowry, a hurricane expert for WPLG TV in Miami.
Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc.
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Texas Tribune
Michael McCaul seeks waiver to stay Foreign Affairs chair
by By Isaac Yu, The Texas Tribune – 2024-07-05 05:00:00
SUMMARY: U.S. Rep. Michael McCaul seeks a waiver to extend his chairmanship of the House Foreign Affairs Committee. During his term, McCaul, a Republican from Austin, led efforts to ban TikTok, supported Tibetan self-determination, and condemned the Chinese spy balloon. He also played a crucial role in passing a bipartisan Ukraine aid bill and has been active on global issues, including Ukraine and Taiwan. McCaul aims to maintain U.S. strength abroad amid growing isolationism in his party. Facing a six-year term limit, he needs special permission to continue, with several colleagues aiming for his position. His leadership's fate will be decided by the Republican Steering Committee.
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WASHINGTON — U.S. Rep. Michael McCaul isn't quite ready to give up his gavel.
In his two years as chair of the powerful House Foreign Affairs Committee, the Austin Republican has been busy; he spearheaded the charge to ban TikTok, authored one resolution on Tibetan self-determination and led another condemning the infamous Chinese spy balloon. Just last month, he helped shoulder a bipartisan Ukraine aid bill through Congress over many colleagues' loud objections. He's also traveled the globe, shaking hands with Volodymyr Zelenskyy in Ukraine, receiving a blessing from the Dalai Lama in India, and gifting Taiwan President Lai Ching Te with a cowboy hat.
To keep his leadership post on one of the most coveted committees in Washington, he'll need special permission, having hit his six-year term limit. Several colleagues are already gunning to replace him.
McCaul confirmed last week that he would indeed seek a waiver to serve another term as top Republican on his committee, which would need approval from a steering committee and then the full House Republican caucus.
“It's not time to change horses right now,” McCaul said in an interview. “It's a dangerous time where the world is on fire.”
If his quest is successful, McCaul pledges to keep supporting key allies around the globe and stay aggressive on adversaries like Russia and China. If not, defense hawks in Washington could lose a powerful voice in charge just as the GOP prepares to redefine its approach to foreign policy under a potential second Trump administration.
Closing out his twentieth year in Congress, McCaul is well-connected and one of the most experienced members of the Texas delegation, having chaired the Homeland Security Committee from 2013 to 2019. The Foreign Affairs Committee under his leadership has been the most productive House committee this term, his office said, with 67 measures and 18 bills passed by the full chamber.
McCaul is making the case that his relationships on the Hill — including a friendship with Speaker Mike Johnson that helped push Ukraine aid over the finish line — justify him staying on an extra term.
Johnson had voted against sending aid to Ukraine before becoming speaker, part of a growing wing of conservatives who believed foreign aid came at the expense of funding for border security. McCaul, a steadfast supporter of Ukraine, helped sway Johnson's thinking and the speaker ultimately threw his support behind a package to send $60 billion in aid to boost Ukraine's arsenal against Russia.
The decision was opposed by a majority of Republicans and drew the ire of hardline conservatives, including Rep. Marjorie Taylor Green of Georgia, who filed a motion to vacate the speaker, which failed.
“I think I feel compelled to do it not for myself, but I don't think anyone would be able to do what I do or shepherd the [Ukraine] supplemental the way I was able to,” McCaul said.
McCaul has also been a leading China antagonist this term, leading an effort to force the sale of TikTok to an American company. His visits with Taiwanese leaders and the Dalai Lama, who China views as a separatist threat, have drawn strong condemnation and sanctions from Beijing.
His efforts on Ukraine, Taiwan and elsewhere are linked by a desire to project U.S. strength abroad, even as the isolationist wing of his party grows.
“If we abandoned Ukraine and allowed [Vladimir] Putin to take over Ukraine and threaten Eastern Europe, that would be a big mistake, and it would send a message to Chairman Xi [Jinping] that Taiwan's fair game,” McCaul said.
House Republicans set six-year term limits for committee chairs, including years spent as ranking member when the party is the minority. The GOP last voted to keep the term limits at the beginning of the current term.
Waivers are rare. Only one was granted last session, to Rep. Virginia Foxx, R-North Carolina, who stayed an extra term chairing the House Education and Workforce Committee. Before Foxx, the last waiver was granted in 2012, to former Speaker Paul Ryan, R-Wisconsin.
McCaul's fight comes as Texan influence in the House is on the decline. The state delegation, which includes more Republicans than any other state, will see the retirements of Rep. Kay Granger, R-Fort Worth, who stepped down from her powerful perch as Appropriations chair, and Rep. Michael Burgess, R-Denton, who will give up the Rules Committee gavel less than a year after gaining it.
Rep. Jodey Arrington, R-Lubbock, will remain the top Republican on the Budget Committee. And Rep. Brian Babin, R-Woodville, is currently the only Republican running for the top spot on the Science, Space and Technology Committee.
Committee assignments are determined by the Republican Steering Committee, made up of party leadership and regional representatives, and then approved by the full conference. The 36-member Steering Committee, which always includes at least two Texans, has been stingy with waivers in the past, even when considering chairs like McCaul who have spent most of their time in the minority.
The decision could depend in part on how McCaul's committee feels about his leadership. Foxx had the support of every Republican on her committee in seeking a waiver, including from the next-highest ranking Republican who would have replaced her.
None of McCaul's 26 Republican colleagues on Foreign Affairs have made endorsements yet, but at least three members — Ann Wagner of Missouri, the committee's vice chair, Darrell Issa of California and Joe Wilson of South Carolina — have already confirmed they are running against McCaul for the top spot. The committee includes three fellow Texans: Reps. Nathaniel Moran of Tyler, Keith Self of McKinney and Ronny Jackson of Amarillo, none of whom responded to requests for comment.
It's not immediately clear whether any of McCaul's announced rivals would diverge greatly from his policy positions, and all three supported foreign aid packages for Ukraine, Israel and Taiwan earlier this year.
Matthew Choi contributed to this report.
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