Texas 2025 - 89th Regular

Texas House Bill HB2105 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1464 PRL/MEW-D
2	2	By: Spiller H.B. No. 2105
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the unauthorized entry, occupancy, sale, rental, lease,
10	10	advertisement for sale, rental, or lease, or conveyance of real
11	11	property, including the removal of certain unauthorized occupants
12	12	of a dwelling; creating criminal offenses; increasing a criminal
13	13	penalty; authorizing a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 28.03(b), Penal Code, is amended to read
16	16	as follows:
17	17	(b) Except as provided by Subsections (f) and (h), an
18	18	offense under this section is:
19	19	(1) a Class C misdemeanor if:
20	20	(A) the amount of pecuniary loss is less than
21	21	$100; or
22	22	(B) except as provided in Subdivision (3)(A) or
23	23	(3)(B), it causes substantial inconvenience to others;
24	24	(2) a Class B misdemeanor if the amount of pecuniary
25	25	loss is $100 or more but less than $750;
26	26	(3) a Class A misdemeanor if:
27	27	(A) the amount of pecuniary loss is $750 or more
28	28	but less than $2,500; or
29	29	(B) the actor causes in whole or in part
30	30	impairment or interruption of any public water supply, or causes to
31	31	be diverted in whole, in part, or in any manner, including
32	32	installation or removal of any device for any such purpose, any
33	33	public water supply, regardless of the amount of the pecuniary
34	34	loss;
35	35	(4) a state jail felony if the amount of pecuniary loss
36	36	is:
37	37	(A) $2,500 or more but less than $30,000;
38	38	(B) except as provided in Subdivision (6)(B),
39	39	less than $2,500, if the property damaged or destroyed is a
40	40	habitation and if the damage or destruction is caused by a firearm
41	41	or explosive weapon;
42	42	(C) less than $2,500, if the property was a fence
43	43	used for the production or containment of:
44	44	(i) cattle, bison, horses, sheep, swine,
45	45	goats, exotic livestock, or exotic poultry; or
46	46	(ii) game animals as that term is defined by
47	47	Section 63.001, Parks and Wildlife Code;
48	48	(D) less than $30,000 and the actor:
49	49	(i) causes wholly or partly impairment or
50	50	interruption of property used for flood control purposes or a dam or
51	51	of public communications, public transportation, public gas
52	52	supply, or other public service; or
53	53	(ii) causes to be diverted wholly, partly,
54	54	or in any manner, including installation or removal of any device
55	55	for any such purpose, any public communications or public gas
56	56	supply; or
57	57	(E) less than $30,000, if the property is a motor
58	58	vehicle that is damaged, destroyed, or tampered with during the
59	59	removal or attempted removal of a catalytic converter from the
60	60	motor vehicle;
61	61	(5) a felony of the third degree if:
62	62	(A) the amount of the pecuniary loss is $30,000
63	63	or more but less than $150,000;
64	64	(B) the actor, by discharging a firearm or other
65	65	weapon or by any other means, causes the death of one or more head of
66	66	cattle or bison or one or more horses;
67	67	(C) the actor causes wholly or partly impairment
68	68	or interruption of access to an automated teller machine,
69	69	regardless of the amount of the pecuniary loss; or
70	70	(D) the amount of pecuniary loss is less than
71	71	$150,000 and the actor:
72	72	(i) causes wholly or partly impairment or
73	73	interruption of property used for public power supply; or
74	74	(ii) causes to be diverted wholly, partly,
75	75	or in any manner, including installation or removal of any device
76	76	for any such purpose, any public power supply;
77	77	(6) a felony of the second degree if the amount of
78	78	pecuniary loss is:
79	79	(A) $150,000 or more but less than $300,000; or
80	80	(B) $1,000 or more but less than $300,000, if:
81	81	(i) the property damaged or destroyed is a
82	82	habitation; and
83	83	(ii) it is shown on the trial of the offense
84	84	that the actor committed the offense in the course of committing an
85	85	offense under Section 30.05; or
86	86	(7) a felony of the first degree if the amount of
87	87	pecuniary loss is $300,000 or more.
88	88	SECTION 2. Subchapter D, Chapter 32, Penal Code, is amended
89	89	by adding Sections 32.56 and 32.57 to read as follows:
90	90	Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT
91	91	CONVEYING REAL PROPERTY INTEREST. (a) A person commits an offense
92	92	if, with intent to enter or remain on real property, the person
93	93	knowingly presents to another person a false, fraudulent, or
94	94	fictitious document purporting to be a lease agreement, deed, or
95	95	other instrument conveying real property or an interest in real
96	96	property.
97	97	(b) An offense under this section is a Class A misdemeanor.
98	98	(c) If conduct that constitutes an offense under this
99	99	section also constitutes an offense under any other law, the actor
100	100	may be prosecuted under this section or the other law, but not both.
101	101	Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF
102	102	RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the
103	103	person knowingly:
104	104	(1) lists or advertises for sale, rent, or lease
105	105	residential real property while knowing that the person offering to
106	106	sell, rent, or lease the property does not have legal title or
107	107	authority to sell, rent, or lease the property; or
108	108	(2) sells, rents, or leases to another person
109	109	residential real property to which the person does not have legal
110	110	title or authority to sell, rent, or lease.
111	111	(b) An offense under this section is a state jail felony.
112	112	(c) If conduct that constitutes an offense under this
113	113	section also constitutes an offense under any other law, the actor
114	114	may be prosecuted under this section or the other law, but not both.
115	115	SECTION 3. Title 4, Property Code, is amended by adding
116	116	Chapter 24B to read as follows:
117	117	CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
118	118	PROPERTY
119	119	Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
120	120	OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an
121	121	owner of residential real property or the owner's agent may request
122	122	that the sheriff of the county in which the property is located
123	123	immediately remove a person who unlawfully entered and is occupying
124	124	a dwelling on the property without the owner's consent if:
125	125	(1) the property:
126	126	(A) was not open to the public when the person
127	127	entered the property; and
128	128	(B) is not the subject of pending litigation
129	129	between the owner and the person;
130	130	(2) the owner or the owner's agent has directed the
131	131	person to leave the property and the person has not done so; and
132	132	(3) the person is not:
133	133	(A) a current or former tenant of the owner under
134	134	an oral or written lease; or
135	135	(B) an immediate family member of the owner.
136	136	Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
137	137	OCCUPANT. (a) A property owner or the owner's agent may request
138	138	the removal of a person under Section 24B.001 by submitting to the
139	139	sheriff of the county in which the property is located a complaint
140	140	in substantially the following form that complies with Subsection
141	141	(b):
142	142	COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING
143	143	WITHOUT OWNER'S CONSENT
144	144	I, _____ (name of complainant), declare under the penalty of
145	145	perjury that:
146	146	(Complete each item as applicable and initial each item.)
147	147	___ 1. I am the owner of residential real property
148	148	located at ______(property address) or the agent of the owner.
149	149	___ 2. A person unlawfully entered and occupies a
150	150	dwelling on the property without the owner's consent.
151	151	___ 3. The property was not open to the public when the
152	152	person entered the property.
153	153	___ 4. The property is not the subject of pending
154	154	litigation between the owner and the person.
155	155	___ 5. The owner or the owner's agent has directed the
156	156	person to leave the property and the person has not done so.
157	157	___ 6. The person is not a current or former tenant of
158	158	the owner under an oral or written lease and any lease produced by
159	159	the person is fraudulent.
160	160	___ 7. The person is not an owner or co-owner of the
161	161	property and any title to the property that lists the person as an
162	162	owner or co-owner is fraudulent.
163	163	___ 8. The person is not an immediate family member of
164	164	the owner.
165	165	___ 9. I understand that a person removed from the
166	166	property as a result of this complaint may bring an action against
167	167	me for any false statement made in the complaint or for wrongfully
168	168	submitting the complaint.
169	169	___ 10. I understand that I may be held liable for
170	170	actual damages, exemplary damages, court costs, and reasonable
171	171	attorney's fees in an action described by Item 9.
172	172	___ 11. I am requesting that the sheriff immediately
173	173	remove each person occupying the dwelling without the owner's
174	174	consent.
175	175	___ 12. A copy of my valid government-issued
176	176	identification is attached and, if I am the owner's agent, a
177	177	document evidencing my authority to act on the property owner's
178	178	behalf is attached.
179	179	I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH
180	180	STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE
181	181	IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE
182	182	UNDER SECTION 37.02, PENAL CODE.
183	183	____________(signature of complainant)
184	184	(b) A complaint submitted under this section must be made
185	185	under oath or made as an unsworn declaration under Section 132.001,
186	186	Civil Practice and Remedies Code.
187	187	Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE
188	188	TO IMMEDIATELY VACATE. (a) A sheriff who receives a complaint
189	189	under Section 24B.002 shall verify that the complainant is:
190	190	(1) the record owner of the property that is the
191	191	subject of the complaint or the owner's agent; and
192	192	(2) otherwise entitled to the relief sought in the
193	193	complaint.
194	194	(b) On verifying the complaint under Subsection (a), the
195	195	sheriff shall without delay:
196	196	(1) serve notice to immediately vacate on the person
197	197	occupying the dwelling without the owner's consent; and
198	198	(2) put the owner in possession of the dwelling.
199	199	(c) Service of notice to immediately vacate may be
200	200	accomplished by:
201	201	(1) hand delivery to an occupant of the dwelling; or
202	202	(2) affixing the notice to the front door or entrance
203	203	of the dwelling.
204	204	(d) A sheriff serving notice to immediately vacate under
205	205	this section shall attempt to verify the identity of each person
206	206	occupying the dwelling and note each identity on the return of
207	207	service.
208	208	(e) A sheriff serving notice to immediately vacate under
209	209	this section may arrest any person found in the dwelling for an
210	210	outstanding warrant or for trespass or any other offense for which
211	211	probable cause exists.
212	212	(f) A sheriff who serves a notice to immediately vacate
213	213	under this section is entitled to receive from the complainant a fee
214	214	in an amount equal to the amount the sheriff would receive for
215	215	executing a writ of possession.
216	216	(g) After the service of notice to immediately vacate by the
217	217	sheriff under Subsection (b), the property owner or owner's agent
218	218	may request that the sheriff remain on the property to keep the
219	219	peace while the owner or owner's agent:
220	220	(1) changes any locks; and
221	221	(2) removes any personal property of an occupant from
222	222	the dwelling and places the personal property at or near the
223	223	property line of the owner's property.
224	224	(h) If a request described by Subsection (g) is made, the
225	225	sheriff may charge the person making the request a reasonable
226	226	hourly rate set by the sheriff for remaining on the property.
227	227	Sec. 24B.004. LIABILITY. (a) A sheriff is not liable to an
228	228	unauthorized occupant or any other person for loss or destruction
229	229	of or damage to property resulting from the removal of a person or
230	230	property under this chapter.
231	231	(b) Subject to Section 24B.005, a property owner or the
232	232	owner's agent is not liable to any person for loss or destruction of
233	233	or damage to personal property resulting from the removal of the
234	234	personal property from the owner's property under this chapter.
235	235	Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person
236	236	who is wrongfully removed, or whose personal property is wrongfully
237	237	removed, from a dwelling or other real property under this chapter
238	238	may bring an action under this section to:
239	239	(1) recover possession of the real property; and
240	240	(2) recover from the person who requested the wrongful
241	241	removal:
242	242	(A) actual damages;
243	243	(B) exemplary damages equal to three times the
244	244	fair market rent of the dwelling;
245	245	(C) court costs; and
246	246	(D) reasonable attorney's fees.
247	247	(b) The court shall set an action brought under this section
248	248	for hearing at the earliest practicable date to expedite the
249	249	action.
250	250	Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:
251	251	(1) the rights of a property owner; or
252	252	(2) the authority of a law enforcement officer to
253	253	arrest an unauthorized occupant of a dwelling for trespassing,
254	254	vandalism, theft, or another offense.
255	255	SECTION 4. Section 28.03, Penal Code, as amended by this
256	256	Act, applies only to an offense committed on or after the effective
257	257	date of this Act. An offense committed before the effective date of
258	258	this Act is governed by the law in effect on the date the offense was
259	259	committed, and the former law is continued in effect for that
260	260	purpose. For purposes of this section, an offense was committed
261	261	before the effective date of this Act if any element of the offense
262	262	occurred before that date.
263	263	SECTION 5. This Act takes effect September 1, 2025.