Texas House Bill HB1076

Texas 2025 - 89th Regular

• Filed: 11/12/24

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

If enacted, HB1076 would significantly amend existing state laws relating to property rights and criminal penalties associated with unauthorized occupancy. It allows property owners to request the immediate removal of individuals occupying their property without consent, providing a more effective legal framework for enforcement. Moreover, it sets forth clearer guidelines on the liability of law enforcement and property owners during the eviction process, potentially leading to a reduction in unlawful occupancy cases and property-related disputes.

Summary

House Bill 1076 addresses unauthorized entry and occupancy of real property, including protocols for the swift removal of unauthorized occupants. It creates new criminal offenses and increases penalties related to fraud in the conveyance of real property. The bill aims to enhance property owners' rights and provide a streamlined process for evicting individuals who occupy properties without consent. This legislative measure comes in response to growing concerns regarding unauthorized occupancy and associated legal complications faced by property owners in Texas.

Contention

Notable points of contention surrounding HB1076 include the balance between property owner rights and the potential for wrongful removal of individuals. Critics may express concerns that the bill, while aimed at protecting landlords, could inadvertently lead to abuses that negatively affect vulnerable populations, such as tenants with unclear legal standings. The imposition of stricter penalties for fraudulent property conveyance is also contentious; while some support it as a necessary deterrent, others worry it may complicate legitimate property transactions and create hurdles for individuals attempting to navigate the real estate market.

Texas Constitutional Statutes Affected

Penal Code

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

• Chapter 32. Fraud
  • Section: New Section