|
|
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. |
|
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. Section 30.05(b)(2), Penal Code, is amended to |
|
read as follows: |
|
(2) "Notice" means: |
|
(A) oral or written communication by the owner or |
|
someone with apparent authority to act for the owner; |
|
(B) fencing or other enclosure obviously |
|
designed to exclude intruders or to contain livestock; |
|
(C) a sign or signs posted on the property or at |
|
the entrance to the building, reasonably likely to come to the |
|
attention of intruders, indicating that entry is forbidden; |
|
(D) the placement of identifying purple paint |
|
marks on trees or posts on the property, provided that the marks |
|
are: |
|
(i) vertical lines of not less than eight |
|
inches in length and not less than one inch in width; |
|
(ii) placed so that the bottom of the mark |
|
is not less than three feet from the ground or more than five feet |
|
from the ground; and |
|
(iii) placed at locations that are readily |
|
visible to any person approaching the property and no more than: |
|
(a) 100 feet apart on forest land; or |
|
(b) 1,000 feet apart on land other |
|
than forest land; [or] |
|
(E) the visible presence on the property of a |
|
crop grown for human consumption that is under cultivation, in the |
|
process of being harvested, or marketable if harvested at the time |
|
of entry; or |
|
(F) oral or written communication by a sheriff or |
|
constable while serving a notice to immediately vacate under |
|
Section 24B.003, Property Code. |
|
SECTION 3. 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 4. 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 OR CONSTABLE. Notwithstanding any |
|
other law, an owner of residential real property or the owner's |
|
agent may request that the sheriff or constable 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 or constable 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) (constable) |
|
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. |
|
(c) All information submitted as part of a complaint under |
|
this section shall be presumed valid and accurate. |
|
Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE |
|
TO IMMEDIATELY VACATE. (a) A sheriff or constable 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) During the verification of a complaint under Subsection |
|
(a), the person occupying the dwelling has the burden to prove the |
|
owner or the owner's agent is not entitled to the relief sought in |
|
the complaint. |
|
(c) On verifying the complaint under Subsection (a), the |
|
sheriff or constable 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. |
|
(d) 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. |
|
(e) A sheriff or constable serving notice to immediately |
|
vacate under this section shall: |
|
(1) attempt to verify the identity of each person |
|
occupying the dwelling and note each identity on the return of |
|
service; and |
|
(2) use all available resources to determine whether |
|
each person occupying the dwelling is lawfully present in the |
|
United States and report to appropriate federal authorities the |
|
identity of any person not lawfully present. |
|
(f) A sheriff or constable 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. |
|
(g) A sheriff or constable serving notice to immediately |
|
vacate under this section shall inform each person vacating the |
|
property that the person will be trespassing if the person returns |
|
to the property after vacating. |
|
(h) After the service of notice to immediately vacate by the |
|
sheriff or constable under Subsection (c), the property owner or |
|
owner's agent may request that the sheriff or constable 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. |
|
Sec. 24B.004. LIABILITY. (a) A sheriff or constable 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 5. 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 6. This Act takes effect July 1, 2025, if this Act |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary to take effect on |
|
that date, this Act takes effect September 1, 2025. |