Relating to the unauthorized occupancy of real property and a credit against the ad valorem taxes imposed on the real property; creating a criminal offense.
Impact
The bill includes amendments to both the Penal Code and the Property Code, allowing property owners to seek legal remedies such as injunctions against unauthorized occupants. Owners can bring actions in court to restrain squatters and may also compel prosecutors to address these offenses if appropriate action is not taken. This mechanism places a significant emphasis on empowering property owners to tackle unauthorized occupancy issues directly through the judicial system.
Summary
House Bill 5522 addresses the issue of unauthorized occupancy of real property by creating a new criminal offense for squatting. Under the proposed legislation, a person who occupies someone else's property without effective consent is committing a Class A misdemeanor, which can escalate to a state jail felony for repeat offenders. This law emphasizes the need for property owners to have the ability to protect their rights against unauthorized occupants through legal channels.
Contention
Another noteworthy component of HB5522 is the introduction of a tax credit for property owners during periods when their property is occupied by someone without consent. This provision aims to alleviate some financial burdens on landlords who are unable to derive income from their property due to it being occupied unlawfully. However, the tax credit is contingent upon the successful passage of a Constitutional amendment, sparking potential debates around its implementation and effectiveness in practice.
Enabling for
Proposing a constitutional amendment to authorize the legislature to provide for a credit against the ad valorem taxes imposed on real property occupied by a person who entered the property without the consent of the owner.
Relating to a credit against the ad valorem taxes imposed on property owned by a person who makes a donation to the state for the purpose of border security and reimbursement to taxing units for the revenue loss incurred as a result of the credit.
Relating to a one-time credit against the ad valorem taxes imposed by a taxing unit on the residence homestead of a first-time home buyer and to the effect of the credit on the determination of the taxable value of a school district.
Relating to providing property tax relief through the public school finance system, exemptions, limitations on appraisals and taxes, and property tax administration; authorizing the imposition of a fee.
Relating to providing property tax relief through the public school finance system, exemptions, limitations on appraisals and taxes, and property tax administration; authorizing the imposition of a fee.
Relating to a limitation on increases in the appraised value of commercial real property and single-family rental property for ad valorem tax purposes.
Relating to a limitation on increases in the appraised value of commercial real property and single-family rental property for ad valorem tax purposes.