Texas 2025 - 89th Regular

Texas House Bill HB2454 Compare Versions

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

Old	New	Differences
1	1	89R1066 PRL/MEW-D
2	2	By: Toth H.B. No. 2454
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. This Act may be cited as the Texas Home Ownership
16	16	Protection and Enforcement Act.
17	17	SECTION 2. Section 28.03(b), Penal Code, is amended to read
18	18	as follows:
19	19	(b) Except as provided by Subsections (f) and (h), an
20	20	offense under this section is:
21	21	(1) a Class C misdemeanor if:
22	22	(A) the amount of pecuniary loss is less than
23	23	$100; or
24	24	(B) except as provided in Subdivision (3)(A) or
25	25	(3)(B), it causes substantial inconvenience to others;
26	26	(2) a Class B misdemeanor if the amount of pecuniary
27	27	loss is $100 or more but less than $750;
28	28	(3) a Class A misdemeanor if:
29	29	(A) the amount of pecuniary loss is $750 or more
30	30	but less than $2,500; or
31	31	(B) the actor causes in whole or in part
32	32	impairment or interruption of any public water supply, or causes to
33	33	be diverted in whole, in part, or in any manner, including
34	34	installation or removal of any device for any such purpose, any
35	35	public water supply, regardless of the amount of the pecuniary
36	36	loss;
37	37	(4) a state jail felony if the amount of pecuniary loss
38	38	is:
39	39	(A) $2,500 or more but less than $30,000;
40	40	(B) except as provided in Subdivision (6)(B),
41	41	less than $2,500, if the property damaged or destroyed is a
42	42	habitation and if the damage or destruction is caused by a firearm
43	43	or explosive weapon;
44	44	(C) less than $2,500, if the property was a fence
45	45	used for the production or containment of:
46	46	(i) cattle, bison, horses, sheep, swine,
47	47	goats, exotic livestock, or exotic poultry; or
48	48	(ii) game animals as that term is defined by
49	49	Section 63.001, Parks and Wildlife Code;
50	50	(D) less than $30,000 and the actor:
51	51	(i) causes wholly or partly impairment or
52	52	interruption of property used for flood control purposes or a dam or
53	53	of public communications, public transportation, public gas
54	54	supply, or other public service; or
55	55	(ii) causes to be diverted wholly, partly,
56	56	or in any manner, including installation or removal of any device
57	57	for any such purpose, any public communications or public gas
58	58	supply; or
59	59	(E) less than $30,000, if the property is a motor
60	60	vehicle that is damaged, destroyed, or tampered with during the
61	61	removal or attempted removal of a catalytic converter from the
62	62	motor vehicle;
63	63	(5) a felony of the third degree if:
64	64	(A) the amount of the pecuniary loss is $30,000
65	65	or more but less than $150,000;
66	66	(B) the actor, by discharging a firearm or other
67	67	weapon or by any other means, causes the death of one or more head of
68	68	cattle or bison or one or more horses;
69	69	(C) the actor causes wholly or partly impairment
70	70	or interruption of access to an automated teller machine,
71	71	regardless of the amount of the pecuniary loss; or
72	72	(D) the amount of pecuniary loss is less than
73	73	$150,000 and the actor:
74	74	(i) causes wholly or partly impairment or
75	75	interruption of property used for public power supply; or
76	76	(ii) causes to be diverted wholly, partly,
77	77	or in any manner, including installation or removal of any device
78	78	for any such purpose, any public power supply;
79	79	(6) a felony of the second degree if the amount of
80	80	pecuniary loss is:
81	81	(A) $150,000 or more but less than $300,000; or
82	82	(B) $1,000 or more but less than $300,000, if:
83	83	(i) the property damaged or destroyed is a
84	84	habitation; and
85	85	(ii) it is shown on the trial of the offense
86	86	that the actor committed the offense in the course of committing an
87	87	offense under Section 30.05; or
88	88	(7) a felony of the first degree if the amount of
89	89	pecuniary loss is $300,000 or more.
90	90	SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended
91	91	by adding Sections 32.56 and 32.57 to read as follows:
92	92	Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT
93	93	CONVEYING REAL PROPERTY INTEREST. (a) A person commits an offense
94	94	if, with intent to enter or remain on real property, the person
95	95	knowingly presents to another person a false, fraudulent, or
96	96	fictitious document purporting to be a lease agreement, deed, or
97	97	other instrument conveying real property or an interest in real
98	98	property.
99	99	(b) An offense under this section is a Class A misdemeanor.
100	100	(c) If conduct that constitutes an offense under this
101	101	section also constitutes an offense under any other law, the actor
102	102	may be prosecuted under this section or the other law, but not both.
103	103	Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF
104	104	RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the
105	105	person knowingly:
106	106	(1) lists or advertises for sale, rent, or lease
107	107	residential real property while knowing that the person offering to
108	108	sell, rent, or lease the property does not have legal title or
109	109	authority to sell, rent, or lease the property; or
110	110	(2) sells, rents, or leases to another person
111	111	residential real property to which the person does not have legal
112	112	title or authority to sell, rent, or lease.
113	113	(b) An offense under this section is a felony of the first
114	114	degree.
115	115	(c) If conduct that constitutes an offense under this
116	116	section also constitutes an offense under any other law, the actor
117	117	may be prosecuted under this section or the other law, but not both.
118	118	SECTION 4. Title 4, Property Code, is amended by adding
119	119	Chapter 24B to read as follows:
120	120	CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
121	121	PROPERTY
122	122	Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
123	123	OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an
124	124	owner of residential real property or the owner's agent may request
125	125	that the sheriff of the county in which the property is located
126	126	immediately remove a person who unlawfully entered and is occupying
127	127	a dwelling on the property without the owner's consent if:
128	128	(1) the property:
129	129	(A) was not open to the public when the person
130	130	entered the property; and
131	131	(B) is not the subject of pending litigation
132	132	between the owner and the person;
133	133	(2) the owner or the owner's agent has directed the
134	134	person to leave the property and the person has not done so; and
135	135	(3) the person is not:
136	136	(A) a current or former tenant of the owner under
137	137	an oral or written lease; or
138	138	(B) an immediate family member of the owner.
139	139	Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
140	140	OCCUPANT. (a) A property owner or the owner's agent may request
141	141	the removal of a person under Section 24B.001 by submitting to the
142	142	sheriff of the county in which the property is located a complaint
143	143	in substantially the following form that complies with Subsection
144	144	(b):
145	145	COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING
146	146	WITHOUT OWNER'S CONSENT
147	147	I, _____ (name of complainant), declare under the penalty of
148	148	perjury that:
149	149	(Complete each item as applicable and initial each item.)
150	150	___ 1. I am the owner of residential real property
151	151	located at ______(property address) or the agent of the owner.
152	152	___ 2. A person unlawfully entered and occupies a
153	153	dwelling on the property without the owner's consent.
154	154	___ 3. The property was not open to the public when the
155	155	person entered the property.
156	156	___ 4. The property is not the subject of pending
157	157	litigation between the owner and the person.
158	158	___ 5. The owner or the owner's agent has directed the
159	159	person to leave the property and the person has not done so.
160	160	___ 6. The person is not a current or former tenant of
161	161	the owner under an oral or written lease and any lease produced by
162	162	the person is fraudulent.
163	163	___ 7. The person is not an owner or co-owner of the
164	164	property and any title to the property that lists the person as an
165	165	owner or co-owner is fraudulent.
166	166	___ 8. The person is not an immediate family member of
167	167	the owner.
168	168	___ 9. I understand that a person removed from the
169	169	property as a result of this complaint may bring an action against
170	170	me for any false statement made in the complaint or for wrongfully
171	171	submitting the complaint.
172	172	___ 10. I understand that I may be held liable for
173	173	actual damages, exemplary damages, court costs, and reasonable
174	174	attorney's fees in an action described by Item 9.
175	175	___ 11. I am requesting that the sheriff immediately
176	176	remove each person occupying the dwelling without the owner's
177	177	consent.
178	178	___ 12. A copy of my valid government-issued
179	179	identification is attached and, if I am the owner's agent, a
180	180	document evidencing my authority to act on the property owner's
181	181	behalf is attached.
182	182	I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH
183	183	STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE
184	184	IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE
185	185	UNDER SECTION 37.02, PENAL CODE.
186	186	____________(signature of complainant)
187	187	(b) A complaint submitted under this section must be made
188	188	under oath or made as an unsworn declaration under Section 132.001,
189	189	Civil Practice and Remedies Code.
190	190	Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE
191	191	TO IMMEDIATELY VACATE. (a) A sheriff who receives a complaint
192	192	under Section 24B.002 shall verify that the complainant is:
193	193	(1) the record owner of the property that is the
194	194	subject of the complaint or the owner's agent; and
195	195	(2) otherwise entitled to the relief sought in the
196	196	complaint.
197	197	(b) On verifying the complaint under Subsection (a), the
198	198	sheriff shall without delay:
199	199	(1) serve notice to immediately vacate on the person
200	200	occupying the dwelling without the owner's consent; and
201	201	(2) put the owner in possession of the dwelling.
202	202	(c) Service of notice to immediately vacate may be
203	203	accomplished by:
204	204	(1) hand delivery to an occupant of the dwelling; or
205	205	(2) affixing the notice to the front door or entrance
206	206	of the dwelling.
207	207	(d) A sheriff serving notice to immediately vacate under
208	208	this section shall attempt to verify the identity of each person
209	209	occupying the dwelling and note each identity on the return of
210	210	service.
211	211	(e) A sheriff serving notice to immediately vacate under
212	212	this section may arrest any person found in the dwelling for an
213	213	outstanding warrant or for trespass or any other offense for which
214	214	probable cause exists.
215	215	(f) A sheriff who serves a notice to immediately vacate
216	216	under this section is entitled to receive from the complainant a fee
217	217	in an amount equal to the amount the sheriff would receive for
218	218	executing a writ of possession.
219	219	(g) After the service of notice to immediately vacate by the
220	220	sheriff under Subsection (b), the property owner or owner's agent
221	221	may request that the sheriff remain on the property to keep the
222	222	peace while the owner or owner's agent:
223	223	(1) changes any locks; and
224	224	(2) removes any personal property of an occupant from
225	225	the dwelling and places the personal property at or near the
226	226	property line of the owner's property.
227	227	(h) If a request described by Subsection (g) is made, the
228	228	sheriff may charge the person making the request a reasonable
229	229	hourly rate set by the sheriff for remaining on the property.
230	230	Sec. 24B.004. LIABILITY. (a) A sheriff is not liable to an
231	231	unauthorized occupant or any other person for loss or destruction
232	232	of or damage to property resulting from the removal of a person or
233	233	property under this chapter.
234	234	(b) Subject to Section 24B.005, a property owner or the
235	235	owner's agent is not liable to any person for loss or destruction of
236	236	or damage to personal property resulting from the removal of the
237	237	personal property from the owner's property under this chapter.
238	238	Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person
239	239	who is wrongfully removed, or whose personal property is wrongfully
240	240	removed, from a dwelling or other real property under this chapter
241	241	may bring an action under this section to:
242	242	(1) recover possession of the real property; and
243	243	(2) recover from the person who requested the wrongful
244	244	removal:
245	245	(A) actual damages;
246	246	(B) exemplary damages equal to three times the
247	247	fair market rent of the dwelling;
248	248	(C) court costs; and
249	249	(D) reasonable attorney's fees.
250	250	(b) The court shall set an action brought under this section
251	251	for hearing at the earliest practicable date to expedite the
252	252	action.
253	253	Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:
254	254	(1) the rights of a property owner; or
255	255	(2) the authority of a law enforcement officer to
256	256	arrest an unauthorized occupant of a dwelling for trespassing,
257	257	vandalism, theft, or another offense.
258	258	SECTION 5. Section 28.03, Penal Code, as amended by this
259	259	Act, applies only to an offense committed on or after the effective
260	260	date of this Act. An offense committed before the effective date of
261	261	this Act is governed by the law in effect on the date the offense was
262	262	committed, and the former law is continued in effect for that
263	263	purpose. For purposes of this section, an offense was committed
264	264	before the effective date of this Act if any element of the offense
265	265	occurred before that date.
266	266	SECTION 6. This Act takes effect September 1, 2025.