Texas House Bill HB3003

Texas 2025 - 89th Regular

• Filed: 2/19/25

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

The implementation of HB3003 is anticipated to provide property owners with more robust legal tools to manage their properties and ensure that their rights are protected against unauthorized intrusions. The bill adds new crimes related to fraudulent activities in the sale, rental, or lease of residential properties, increasing penalties for serious offenses. Particularly, fraudulent documentation regarding property rights is upgraded to a Class A misdemeanor, while engaging in unauthorized leasing of property when one lacks legal title is treated as a felony of the first degree. Such measures may act as deterrents against criminal exploitation of vulnerable individuals in the housing market.

Summary

House Bill 3003 aims to address issues around unauthorized entry and occupancy of real property in Texas. The bill introduces new criminal offenses, reviews the existing Penal Code concerning property offenses, and allows property owners or their agents to remove unauthorized occupants swiftly. Specifically, HB3003 modifies the current legal framework to empower landlords to request immediate assistance from law enforcement to evict individuals who do not have the owner’s consent to occupy a property, streamlining the eviction process for unauthorized occupants.

Contention

The proposed bill has generated discussion among stakeholders concerned about the balance of property rights and the potential risk of misapplication against vulnerable populations. Some advocates worry that granting broad powers to property owners and law enforcement might lead to wrongful evictions or disproportionate enforcement against low-income tenants who may face housing instability. Critics highlight that while the bill aims to protect property owners, there is a need for safeguards to prevent abuse of these legal provisions, suggesting that protections for tenants should be emphasized in any renter's rights legislation.

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