Texas House Bill HB2454

Texas 2025 - 89th Regular

• Filed: 2/5/25

Caption

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.

Impact

The legislation modifies existing property laws by allowing property owners or their agents to request the immediate removal of unauthorized occupants by law enforcement, enhancing property owners’ rights. It holds that property owners are not liable for losses during the removal of unauthorized persons and establishes a framework to handle wrongful removals legally. This could lead to increased tensions between landlords and unlawful occupants as the shift provides more power to property owners in disputes.

Summary

House Bill 2454, titled the Texas Home Ownership Protection and Enforcement Act, introduces significant changes to how unauthorized occupancy and property conveyance are addressed within the state. The bill establishes new criminal offenses related to unauthorized entry, occupancy, the sale, rental, and lease of real property, enhancing penalties for offenders. It aims to protect property owners and streamline the process for resolving issues related to unauthorized occupants, effectively allowing owners to reclaim possession of their properties more easily and with greater legal support.

Conclusion

If enacted, this law will significantly impact how Texas handles issues of property ownership and unauthorized occupancy. The broader implications could influence housing security and fairness in landlord-tenant relationships, adding layers of complexity to existing residential laws.

Contention

Opponents of HB 2454 may argue that the potential for abuse of this law exists, particularly concerning vulnerable populations who could be dismissed without adequate legal protections. The bill's provisions on fraudulently obtaining leases or sales establish severe penalties, including class A misdemeanors and felonies for first-time violators. Critics may express concern over how such laws disproportionately affect certain tenant groups and the absence of adequate measures to safeguard against wrongful evictions.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
  • Section: 03

• Chapter 32. Fraud
  • Section: New Section