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House adopts expedited process for removal of unauthorized occupants after amendment
Summary
The House passed a committee substitute to House Bill 96, establishing an expedited magistrate-based process to remove unauthorized occupants from property; an amendment clarifying tenant status was adopted first (115-1) and the bill passed second-reading 86-29 before clearing third reading.
Representative Tyson introduced House Bill 96 as largely similar to a measure that passed the chamber previously, saying supporters had made technical improvements. The sponsor said the bill had backing from realtors, home builders, property managers and rental associations and was not opposed by the Justice Center or district attorneys in its current form.
Representative Howard offered a technical amendment clarifying that the unauthorized person "is not a tenant of the owner of the property being unlawfully occupied." The House adopted the amendment on a recorded vote of 115 in favor and 1 opposed. After further debate, Representative Moore expressed concern that the bill "circumvents the courts" by allowing rapid law-enforcement removals based on affidavits and urged that an expedited process preserve due process protections and officer safety. Representative Cunningham questioned procedures for changing recorded votes and the Speaker explained an administrative policy would be implemented to allow members to correct vote records.
The House recorded a second-reading roll-call on the committee substitute at 86 yes and 29 no. The committee substitute later passed third reading by voice and was ordered sent to the Senate.
Why it matters: The bill shortens timelines for removing unauthorized occupants, which supporters say helps property owners and managers recover control of property; critics warned about due-process safeguards and potential safety risks for occupants and officers if procedures rely solely on affidavits without fuller judicial review.
Votes at a glance
- Amendment (Representative Howard) — adopted 115 yes, 1 no. - House Committee Substitute to House Bill 96 — second reading recorded 86 yes, 29 no; later passed third reading and will be sent to the Senate.
Speakers quoted in this article are listed in the speakers section below.
