89R1796 PRL/MEW-D

By: Leo Wilson H.B. No. 414

A BILL TO BE ENTITLED

AN ACT

relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 28.03(b), Penal Code, is amended to read as follows:

(b) Except as provided by Subsections (f) and (h), an offense under this section is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $100; or

(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $750 or more but less than $2,500; or

(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if the amount of pecuniary loss is:

(A) $2,500 or more but less than $30,000;

(B) except as provided in Subdivision (6)(B), less than $2,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

(C) less than $2,500, if the property was a fence used for the production or containment of:

(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or

(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code;

(D) less than $30,000 and the actor:

(i) causes wholly or partly impairment or interruption of property used for flood control purposes or a dam or of public communications, public transportation, public gas supply, or other public service; or

(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas supply; or

(E) less than $30,000, if the property is a motor vehicle that is damaged, destroyed, or tampered with during the removal or attempted removal of a catalytic converter from the motor vehicle;

(5) a felony of the third degree if:

(A) the amount of the pecuniary loss is $30,000 or more but less than $150,000;

(B) the actor, by discharging a firearm or other weapon or by any other means, causes the death of one or more head of cattle or bison or one or more horses;

(C) the actor causes wholly or partly impairment or interruption of access to an automated teller machine, regardless of the amount of the pecuniary loss; or

(D) the amount of pecuniary loss is less than $150,000 and the actor:

(i) causes wholly or partly impairment or interruption of property used for public power supply; or

(ii) causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public power supply;

(6) a felony of the second degree if the amount of pecuniary loss is:

(A) $150,000 or more but less than $300,000; or

(B) $1,000 or more but less than $300,000, if:

(i) the property damaged or destroyed is a habitation; and

(ii) it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 30.05; or

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.

SECTION 2. Subchapter D, Chapter 32, Penal Code, is amended by adding Sections 32.56 and 32.57 to read as follows:

Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT CONVEYING REAL PROPERTY INTEREST. (a) A person commits an offense if, with intent to enter or remain on real property, the person knowingly presents to another person a false, fraudulent, or fictitious document purporting to be a lease agreement, deed, or other instrument conveying real property or an interest in real property.

(b) An offense under this section is a Class A misdemeanor.

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.

Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the person knowingly:

(1) lists or advertises for sale, rent, or lease residential real property while knowing that the person offering to sell, rent, or lease the property does not have legal title or authority to sell, rent, or lease the property; or

(2) sells, rents, or leases to another person residential real property to which the person does not have legal title or authority to sell, rent, or lease.

(b) An offense under this section is a felony of the first degree.

(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law, but not both.

SECTION 3. Title 4, Property Code, is amended by adding Chapter 24B to read as follows:

CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL

PROPERTY

Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an owner of residential real property or the owner's agent may request that the sheriff of the county in which the property is located immediately remove a person who unlawfully entered and is occupying a dwelling on the property without the owner's consent if:

(1) the property:

(A) was not open to the public when the person entered the property; and

(B) is not the subject of pending litigation between the owner and the person;

(2) the owner or the owner's agent has directed the person to leave the property and the person has not done so; and

(3) the person is not:

(A) a current or former tenant of the owner under an oral or written lease; or

(B) an immediate family member of the owner.

Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT. (a) A property owner or the owner's agent may request the removal of a person under Section 24B.001 by submitting to the sheriff of the county in which the property is located a complaint in substantially the following form that complies with Subsection (b):

COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING

WITHOUT OWNER'S CONSENT

I, _____ (name of complainant), declare under the penalty of perjury that:

(Complete each item as applicable and initial each item.)

___ 1. I am the owner of residential real property located at ______(property address) or the agent of the owner.

___ 2. A person unlawfully entered and occupies a dwelling on the property without the owner's consent.

___ 3. The property was not open to the public when the person entered the property.

___ 4. The property is not the subject of pending litigation between the owner and the person.

___ 5. The owner or the owner's agent has directed the person to leave the property and the person has not done so.

___ 6. The person is not a current or former tenant of the owner under an oral or written lease and any lease produced by the person is fraudulent.

___ 7. The person is not an owner or co-owner of the property and any title to the property that lists the person as an owner or co-owner is fraudulent.

___ 8. The person is not an immediate family member of the owner.

___ 9. I understand that a person removed from the property as a result of this complaint may bring an action against me for any false statement made in the complaint or for wrongfully submitting the complaint.

___ 10. I understand that I may be held liable for actual damages, exemplary damages, court costs, and reasonable attorney's fees in an action described by Item 9.

___ 11. I am requesting that the sheriff immediately remove each person occupying the dwelling without the owner's consent.

___ 12. A copy of my valid government-issued identification is attached and, if I am the owner's agent, a document evidencing my authority to act on the property owner's behalf is attached. I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE UNDER SECTION 37.02, PENAL CODE.

____________(signature of complainant)

(b) A complaint submitted under this section must be made under oath or made as an unsworn declaration under Section 132.001, Civil Practice and Remedies Code.

Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a) A sheriff who receives a complaint under Section 24B.002 shall verify that the complainant is:

(1) the record owner of the property that is the subject of the complaint or the owner's agent; and

(2) otherwise entitled to the relief sought in the complaint.

(b) On verifying the complaint under Subsection (a), the sheriff shall without delay:

(1) serve notice to immediately vacate on the person occupying the dwelling without the owner's consent; and

(2) put the owner in possession of the dwelling.

(c) Service of notice to immediately vacate may be accomplished by:

(1) hand delivery to an occupant of the dwelling; or

(2) affixing the notice to the front door or entrance of the dwelling.

(d) A sheriff serving notice to immediately vacate under this section shall attempt to verify the identity of each person occupying the dwelling and note each identity on the return of service.

(e) A sheriff serving notice to immediately vacate under this section may arrest any person found in the dwelling for an outstanding warrant or for trespass or any other offense for which probable cause exists.

(f) A sheriff who serves a notice to immediately vacate under this section is entitled to receive from the complainant a fee in an amount equal to the amount the sheriff would receive for executing a writ of possession.

(g) After the service of notice to immediately vacate by the sheriff under Subsection (b), the property owner or owner's agent may request that the sheriff remain on the property to keep the peace while the owner or owner's agent:

(1) changes any locks; and

(2) removes any personal property of an occupant from the dwelling and places the personal property at or near the property line of the owner's property.

(h) If a request described by Subsection (g) is made, the sheriff may charge the person making the request a reasonable hourly rate set by the sheriff for remaining on the property.

Sec. 24B.004. LIABILITY. (a) A sheriff is not liable to an unauthorized occupant or any other person for loss or destruction of or damage to property resulting from the removal of a person or property under this chapter.

(b) Subject to Section 24B.005, a property owner or the owner's agent is not liable to any person for loss or destruction of or damage to personal property resulting from the removal of the personal property from the owner's property under this chapter.

Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person who is wrongfully removed, or whose personal property is wrongfully removed, from a dwelling or other real property under this chapter may bring an action under this section to:

(1) recover possession of the real property; and

(2) recover from the person who requested the wrongful removal:

(A) actual damages;

(B) exemplary damages equal to three times the fair market rent of the dwelling;

(C) court costs; and

(D) reasonable attorney's fees.

(b) The court shall set an action brought under this section for hearing at the earliest practicable date to expedite the action.

Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:

(1) the rights of a property owner; or

(2) the authority of a law enforcement officer to arrest an unauthorized occupant of a dwelling for trespassing, vandalism, theft, or another offense.

SECTION 4. Section 28.03, Penal Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 5. This Act takes effect September 1, 2025.