Texas House Bill HB2105

Texas 2025 - 89th Regular

• Filed: 1/27/25

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

This bill significantly impacts both property owners and occupants. Under HB2105, property owners or their agents are granted the right to request the sheriff to remove unauthorized occupants without the complexity that typically accompanies eviction processes. As such, if an unauthorized person refuses to leave a property following a request from the owner, the sheriff can serve a notice to vacate. This swift action is aimed at preventing prolonged disputes and unauthorized occupancy, thus protecting the owner's rights.

Summary

House Bill 2105 addresses issues surrounding unauthorized entry and occupancy of real property in Texas. The bill aims to create clearer regulations regarding who can be removed from a property as well as the procedures for doing so. It proposes a set of criminal offenses related to presenting fraudulent documents for the sale, rental, or lease of property. These changes reflect ongoing challenges in managing property rights and protecting legitimate property owners from fraud and unauthorized occupants.

Contention

Notably, the bill introduces potential liabilities for those who wrongly request the removal of occupants. Property owners or their agents could face legal repercussions if they make false claims, and this introduces an element of caution in the application of the law. Discussion surrounding HB2105 might involve concerns from tenant advocacy groups regarding the balance of power between landlords and tenants, particularly in cases where the owner's intent may not be fully transparent. This could lead to contention about whether the rights of tenants are sufficiently safeguarded.

Summary_conclusion

Overall, HB2105 aims to streamline the eviction and removal process while tackling the issue of unauthorized occupancy in Texas. It establishes clear procedures and penalties for fraudulently misrepresenting ownership or rental agreements. As this bill progresses, it is likely to generate further debate about the implications for property rights and tenant protections in the state.

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