Texas House votes to fast-track evictions in anti-'squatter' bill

NEXSTAR-The House of Representatives voted in Texas 85-49 on Friday to send the Senate Law 38 to a third reading after adding four amendments to the House of Representatives Hall. The bill speeds up the evacuation process, which supporters say it is necessary to combat the problem of “stable” – people who live illegally in an unspeakable house and refuse to leave.

SB 38 opponents claim that it is easy to evacuate the tenants, rather than addressing the squatting problem.

“I could not find the definition of the pillars.”

“I couldn’t find the definition of the picnists in this bill anywhere. Do you know where it is, if that?” Senator Judith Zaferini, Dr. Lardo, He was asked about three witnesses invited Speaking on behalf of the Texas Residential Association during a meeting of the Senate State State Affairs Committee on March 24.

“We will have a lawyer after that, which I think can provide you with this,” said Stephanie Griffs, head of real estate consultants. Q10. “I think it was on the bill; it may have been taken out in a review.”

The initial version of the SB 38 did not distinguish between anyone who failed to pay the rent. The word “Squatter” The bill did not appear.

“There is a concept in the law, it is a type of two parts,” said Kuri Rogers of the Texas Residential Association. “He is the” forced detainee “who is a person who is behind the payment but will have the right to be there, but there is also” forced entry and detention “… and that is when they enter into force in a unit.

But the only time that the phrase “forced entry and detention” appeared in the initial version of SB 38 in the sentence, “the evacuation claims include forced entry and forced or detained seized allowances”, which means SB 38 purposes, there is no distinction between being a roof or late in rent.

“We have looked at this concept, the Senator Zaferini, by trying to do a full definition based on the poles, and the problem is that this is not a common definition in the United States, so we have been dealt with mainly-besides forced entry and [detainer] We looked at this as the lack of payment of the rent, Senator Paul Betinkurt, R-Houston.

Zaferini replied: “It is true, but all the three witnesses used the term lover.”

“Well, this is true, we use this to explain to the audience to which he listens, because there is no better description,” said Bitcort.

However, Dallas Markon -based tenant’s rights lawyer said that due to the lack of discrimination, the draft law is directed towards anyone who is late for rent.

Milton said: “Texas is one of four or five states that do not have the right to treatment, and this means only if you are late in rent, you are a few days before you, where, according to the law, if you appear with the full amount of the rent that the owner must take.” “What is happening here may have a tenant who complained very loudly because its air conditioner did not work in August, then they are late on the first of September. When they appear on September 2 to pay the rent, you say, no, no, you can keep the money, and I refuse to take it now.

What does the bill do?

The main goal of SB 38 is to speed up the time of the evacuation process, to “Reducing stress can place the evacuation of real estate owners.”

The draft law will replace a condition for real estate owners to give tenants an opportunity to respond to the proposed evacuation notice before handing them a notice of their evacuation, allowing both notifications to attend at the same time.

SB 38 also increases the ways in which a notice can be made, including any “connection to the building” and “handing the hand to any tenant to the buildings”. The house was voted on making the floor to ensure that notifications are not hidden inside the homes or handcuffed to children between the ages of 15 or less.

SB 38 prevents local governments from setting any additional rules for evacuating the evacuation other than what is in the Texas Rules of Civil Procedures, including any requirements for mediation or pre -trial conference.

The most transformative aspect of SB 38 was the permission of the judges to judge the “brief behavior” – allowing the owner to win without going to trial.

Under the draft law, the owner submits an oath with the court to start the evacuation case, and Sharif or Connect will have to serve the papers to a tenant. The tenant will have four days to respond, and if the court finds that there are no facts that can disagree that would prevent the ruling in favor of the owner, the court can judge the owner of the owner without trial.

Modify the floor of the house It greatly changed the condition of brief behavior, while ensuring that it only indicates the accused “enforced entry and detainee.” If brief behavior is rejected, the trial will have to start at a later not exceeding 21 days after the deprivation.

What next?

SB 38 is likely to vote outside the home on Saturday by floor modifications. In addition to the above amendments, Another modification has been added To grant Texas the right to treat their failure to rent if they are never late at any other time under the lease contract.

The Senate will have to choose whether the amendments to the House of Representatives will be accepted or the draft law will be sent to the Conference Committee before sending it to the office of the Greg Abbott Governor to sign.

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