89R9133 PRL-D

By: Ashby H.B. No. 4031

A BILL TO BE ENTITLED

AN ACT

relating to the unauthorized occupancy of real property, including the removal of certain unauthorized occupants; creating a criminal offense.

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

SECTION 1. Chapter 30, Penal Code, is amended by adding Section 30.08 to read as follows:

Sec. 30.08. SQUATTING. (a) A person commits an offense if the person:

(1) occupies the property of another without the effective consent of the owner or other person authorized by a lease or other agreement to occupy the property; and

(2) knows or reasonably should know that the person does not have the effective consent of the owner or other person authorized by a lease or other agreement to occupy the property.

(b) An offense under this section is a state jail felony.

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

SECTION 2. 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, the owner's agent, or a person authorized by a lease or other agreement to occupy the property 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 consent of the owner or the person authorized by a lease or other agreement to occupy the property.

Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED OCCUPANT. (a) A person entitled to request the removal of a person under Section 24B.001 may make the request by submitting to the sheriff of the county in which the property is located a written complaint that complies with Subsection (b) and includes a statement that:

(1) the complainant is entitled to possession of the property;

(2) a person occupies a dwelling on the property without the complainant's consent;

(3) the complainant has directed the person to leave the property and the person has not done so; and

(4) the complainant is requesting that the sheriff remove each person occupying the dwelling without the complainant's consent.

(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. NOTICE OF COMPLAINT; OCCUPANT RESPONSE. (a) A sheriff who receives a complaint under Section 24B.002 shall make contact with the person occupying the dwelling and serve on the person in a manner described by Section 24B.004(b) written notice of the complaint and at least one method by which the person may provide evidence to the sheriff under Subsection (b).

(b) Not later than the third day after the date that the notice is received under Subsection (a), the person occupying the dwelling may provide to the sheriff evidence that the complainant is not entitled to the relief sought in the complaint.

(c) If the person occupying the dwelling provides evidence, including a properly executed lease or rental agreement or proof of rental payments, to the sheriff under Subsection (b) that the sheriff finds sufficient to raise a question of fact regarding the complainant's right to relief, the sheriff shall provide notice to the complainant that the complainant is not entitled to relief under this chapter.

Sec. 24B.004. SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a) If evidence described by Section 24B.003(c) is not provided to the sheriff in the time provided by Section 24B.003(b), the sheriff shall without delay:

(1) serve notice to immediately vacate on the person occupying the dwelling without the consent of the owner or the person authorized by a lease or other agreement to occupy the property, as applicable;

(2) arrest the person occupying the dwelling for an offense under Section 30.08, Penal Code; and

(3) put the owner or the person authorized by a lease or other agreement to occupy the property, as applicable, in possession of the dwelling.

(b) 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.

SECTION 3. This Act takes effect September 1, 2025.