Texas 2023 - 88th Regular

Texas House Bill HB2035

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of a local government to regulate evictions.

Impact

The implementation of HB 2035 is anticipated to have significant effects on state and local laws regarding tenant protections. Supporters of the bill argue it will streamline eviction procedures and bolster landlord rights, potentially making it easier for property owners to manage rentals. However, the bill faced strong opposition from various housing advocates and municipal leaders who expressed concerns about its implications during a time when eviction rates are already high. Critics argue that the bill would exacerbate housing instability and increase rates of homelessness by removing crucial local tenant protections that have been enacted in response to the eviction crisis.

Summary

House Bill 2035 seeks to limit the regulatory powers of local governments in Texas regarding eviction procedures. Specifically, the bill proposes that municipalities and counties may not adopt or enforce any ordinances that would prohibit, restrict, or delay the eviction process as outlined in Chapter 24 of the Texas Property Code. This includes any measures related to the issuance of notices to vacate or the filing of eviction suits. The bill aims to standardize eviction processes across Texas, thereby simplifying the legal framework for landlords and encouraging a more expedited eviction process.

Sentiment

The sentiment surrounding HB 2035 is markedly divided. Proponents of the bill, including certain real estate associations, view it favorably, believing it will create a more predictable environment for landlords and assist in alleviating potential delays that can arise from local regulations. Conversely, numerous opposition testimonies highlighted the fears that the bill could undermine local governments' efforts to provide necessary tenant protections and address the growing eviction crisis, showcasing a significant ideological clash over local versus state authority in handling housing issues.

Contention

Notable points of contention arose during discussions about the balance of power between state laws and local government autonomy. Local government representatives and tenant advocacy groups stressed that cities should have the flexibility to enact eviction prevention measures tailored to their communities, particularly in response to unique challenges like the COVID-19 pandemic. Testimonies from various stakeholders emphasized the risks associated with a stricter, one-size-fits-all approach to evictions, leading to fears of increased vulnerability among low-income renters and marginalized communities, potentially risking wider societal implications.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 24. Forcible Entry And Detainer
    • Section: New Section

Companion Bills

TX SB986

Identical Relating to the authority of a local government to regulate evictions.

Similar Bills

No similar bills found.