Texas 2025 - 89th Regular

Texas House Bill HB3273 Compare Versions

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

Old	New	Differences
1	1	89R1009 PRL/MEW-D
2	2	By: Harris Davila H.B. No. 3273
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to limitations on certain suits to recover real property
10	10	held by another in adverse possession; the unauthorized sale,
11	11	rental, lease, or advertisement for sale, rental, or lease of real
12	12	property; and the removal of certain unauthorized occupants of a
13	13	dwelling; creating a criminal offense; authorizing a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 16.022, Civil Practice and Remedies
16	16	Code, is amended by amending Subsection (a) and adding Subsection
17	17	(a-1) to read as follows:
18	18	(a) Except as provided by Subsection (a-1), for [For] the
19	19	purposes of this subchapter, a person is under a legal disability if
20	20	the person is:
21	21	(1) younger than 18 years of age, regardless of
22	22	whether the person is married;
23	23	(2) of unsound mind; or
24	24	(3) serving in the United States Armed Forces during
25	25	time of war.
26	26	(a-1) For purposes of a limitation imposed by Section
27	27	16.024, 16.025, 16.026, or 16.0265, a person is under a legal
28	28	disability if the person is:
29	29	(1) described by Subsection (a)(1) or (2);
30	30	(2) serving in the United States Armed Forces,
31	31	regardless of whether the service is during a time of war; or
32	32	(3) attending an institution of higher education or a
33	33	private or independent institution of higher education, as those
34	34	terms are defined by Section 61.003, Education Code.
35	35	SECTION 2. Subchapter D, Chapter 32, Penal Code, is amended
36	36	by adding Section 32.57 to read as follows:
37	37	Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF
38	38	RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the
39	39	person knowingly:
40	40	(1) lists or advertises for sale, rent, or lease
41	41	residential real property while knowing that the person offering to
42	42	sell, rent, or lease the property does not have legal title or
43	43	authority to sell, rent, or lease the property; or
44	44	(2) sells, rents, or leases to another person
45	45	residential real property to which the person does not have legal
46	46	title or authority to sell, rent, or lease.
47	47	(b) An offense under this section is a felony of the first
48	48	degree.
49	49	(c) If conduct that constitutes an offense under this
50	50	section also constitutes an offense under any other law, the actor
51	51	may be prosecuted under this section or the other law, but not both.
52	52	SECTION 3. Title 4, Property Code, is amended by adding
53	53	Chapter 24B to read as follows:
54	54	CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
55	55	PROPERTY
56	56	Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
57	57	OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an
58	58	owner of residential real property or the owner's agent may request
59	59	that the sheriff of the county in which the property is located
60	60	immediately remove a person who unlawfully entered and is occupying
61	61	a dwelling on the property without the owner's consent if:
62	62	(1) the property:
63	63	(A) was not open to the public when the person
64	64	entered the property; and
65	65	(B) is not the subject of pending litigation
66	66	between the owner and the person;
67	67	(2) the owner or the owner's agent has directed the
68	68	person to leave the property and the person has not done so; and
69	69	(3) the person is not:
70	70	(A) a current or former tenant of the owner under
71	71	an oral or written lease; or
72	72	(B) an immediate family member of the owner.
73	73	Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
74	74	OCCUPANT. (a) A property owner or the owner's agent may request
75	75	the removal of a person under Section 24B.001 by submitting to the
76	76	sheriff of the county in which the property is located a complaint
77	77	in substantially the following form that complies with Subsection
78	78	(b):
79	79	COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING
80	80	WITHOUT OWNER'S CONSENT
81	81	I, _____ (name of complainant), declare under the penalty of
82	82	perjury that:
83	83	(Complete each item as applicable and initial each item.)
84	84	___ 1. I am the owner of residential real property
85	85	located at ______(property address) or the agent of the owner.
86	86	___ 2. A person unlawfully entered and occupies a
87	87	dwelling on the property without the owner's consent.
88	88	___ 3. The property was not open to the public when the
89	89	person entered the property.
90	90	___ 4. The property is not the subject of pending
91	91	litigation between the owner and the person.
92	92	___ 5. The owner or the owner's agent has directed the
93	93	person to leave the property and the person has not done so.
94	94	___ 6. The person is not a current or former tenant of
95	95	the owner under an oral or written lease and any lease produced by
96	96	the person is fraudulent.
97	97	___ 7. The person is not an owner or co-owner of the
98	98	property and any title to the property that lists the person as an
99	99	owner or co-owner is fraudulent.
100	100	___ 8. The person is not an immediate family member of
101	101	the owner.
102	102	___ 9. I understand that a person removed from the
103	103	property as a result of this complaint may bring an action against
104	104	me for any false statement made in the complaint or for wrongfully
105	105	submitting the complaint.
106	106	___ 10. I understand that I may be held liable for
107	107	actual damages, exemplary damages, court costs, and reasonable
108	108	attorney's fees in an action described by Item 9.
109	109	___ 11. I am requesting that the sheriff immediately
110	110	remove each person occupying the dwelling without the owner's
111	111	consent.
112	112	___ 12. A copy of my valid government-issued
113	113	identification is attached and, if I am the owner's agent, a
114	114	document evidencing my authority to act on the property owner's
115	115	behalf is attached.
116	116	I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH
117	117	STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE
118	118	IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE
119	119	UNDER SECTION 37.02, PENAL CODE.
120	120	____________(signature of complainant)
121	121	(b) A complaint submitted under this section must be made
122	122	under oath or made as an unsworn declaration under Section 132.001,
123	123	Civil Practice and Remedies Code.
124	124	Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE
125	125	TO IMMEDIATELY VACATE. (a) A sheriff who receives a complaint
126	126	under Section 24B.002 shall verify that the complainant is:
127	127	(1) the record owner of the property that is the
128	128	subject of the complaint or the owner's agent; and
129	129	(2) otherwise entitled to the relief sought in the
130	130	complaint.
131	131	(b) On verifying the complaint under Subsection (a), the
132	132	sheriff shall without delay:
133	133	(1) serve notice to immediately vacate on the person
134	134	occupying the dwelling without the owner's consent; and
135	135	(2) put the owner in possession of the dwelling.
136	136	(c) Service of notice to immediately vacate may be
137	137	accomplished by:
138	138	(1) hand delivery to an occupant of the dwelling; or
139	139	(2) affixing the notice to the front door or entrance
140	140	of the dwelling.
141	141	(d) A sheriff serving notice to immediately vacate under
142	142	this section shall attempt to verify the identity of each person
143	143	occupying the dwelling and note each identity on the return of
144	144	service.
145	145	(e) A sheriff serving notice to immediately vacate under
146	146	this section may arrest any person found in the dwelling for an
147	147	outstanding warrant or for trespass or any other offense for which
148	148	probable cause exists.
149	149	(f) A sheriff who serves a notice to immediately vacate
150	150	under this section is entitled to receive from the complainant a fee
151	151	in an amount equal to the amount the sheriff would receive for
152	152	executing a writ of possession.
153	153	(g) After the service of notice to immediately vacate by the
154	154	sheriff under Subsection (b), the property owner or owner's agent
155	155	may request that the sheriff remain on the property to keep the
156	156	peace while the owner or owner's agent:
157	157	(1) changes any locks; and
158	158	(2) removes any personal property of an occupant from
159	159	the dwelling and places the personal property at or near the
160	160	property line of the owner's property.
161	161	(h) If a request described by Subsection (g) is made, the
162	162	sheriff may charge the person making the request a reasonable
163	163	hourly rate set by the sheriff for remaining on the property.
164	164	Sec. 24B.004. LIABILITY. (a) A sheriff is not liable to an
165	165	unauthorized occupant or any other person for loss or destruction
166	166	of or damage to property resulting from the removal of a person or
167	167	property under this chapter.
168	168	(b) Subject to Section 24B.005, a property owner or the
169	169	owner's agent is not liable to any person for loss or destruction of
170	170	or damage to personal property resulting from the removal of the
171	171	personal property from the owner's property under this chapter.
172	172	Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person
173	173	who is wrongfully removed, or whose personal property is wrongfully
174	174	removed, from a dwelling or other real property under this chapter
175	175	may bring an action under this section to:
176	176	(1) recover possession of the real property; and
177	177	(2) recover from the person who requested the wrongful
178	178	removal:
179	179	(A) actual damages;
180	180	(B) exemplary damages equal to three times the
181	181	fair market rent of the dwelling;
182	182	(C) court costs; and
183	183	(D) reasonable attorney's fees.
184	184	(b) The court shall set an action brought under this section
185	185	for hearing at the earliest practicable date to expedite the
186	186	action.
187	187	Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:
188	188	(1) the rights of a property owner; or
189	189	(2) the authority of a law enforcement officer to
190	190	arrest an unauthorized occupant of a dwelling for trespassing,
191	191	vandalism, theft, or another offense.
192	192	SECTION 4. Section 16.022, Civil Practice and Remedies
193	193	Code, as amended by this Act, applies only to a cause of action that
194	194	accrues on or after the effective date of this Act. A cause of
195	195	action that accrued before the effective date of this Act is
196	196	governed by the law as it existed immediately before that date, and
197	197	that law is continued in effect for that purpose.
198	198	SECTION 5. This Act takes effect September 1, 2025.