Texas 2025 - 89th Regular

Texas House Bill HB3273

Filed

2/25/25

Out of House Committee

Voted on by House

Out of Senate Committee

Voted on by Senate

Governor Action

Bill Becomes Law

Caption

Relating to limitations on certain suits to recover real property held by another in adverse possession; the unauthorized sale, rental, lease, or advertisement for sale, rental, or lease of real property; and the removal of certain unauthorized occupants of a dwelling; creating a criminal offense; authorizing a fee.

Impact

The implications of HB 3273 are expected to resonate throughout state property laws by formally criminalizing the fraudulent sale, rental, or leasing of residential real estate. Under this new framework, individuals found advertising or trying to lease properties they do not legally possess will face felony charges, reflecting a stricter approach to property management and occupancy. This criminal provision aims to deter fraudulent activities that exploit vulnerable individuals looking for housing, thus protecting legitimate property owners and tenants alike.

Summary

House Bill 3273 introduces significant changes relating to adverse possession and the unauthorized occupancy of real property. The bill outlines new limitations on legal actions for recovering residential real property under adverse possession claims, aimed at streamlining the process for property owners to address issues with unauthorized occupants. This legislation attempts to clarify the definition of legal disability and expand the grounds under which a property owner or their agent can act against unauthorized occupants, including individuals serving in the military and students attending institutions of higher education.

Contention

The bill's provisions regarding the removal of unauthorized occupants are particularly notable, as it grants sheriffs the authority to immediately evict individuals unlawfully occupying properties. Critics of such measures may raise concerns regarding the potential for misuse of power and the rights of occupants. The expedited removal process allows property owners to bypass traditional eviction procedures, potentially leading to disputes over tenants' rights and the realities of housing insecurity. Furthermore, the balance between protecting property owners and safeguarding the rights of individuals in precarious housing situations may prompt debate among lawmakers and stakeholders in the community.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

Chapter 16. Limitations
- Section: 022

Penal Code

Chapter 32. Fraud
- Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB2278

Relating to wrongful exclusion of handgun license holders from certain property owned by or leased to a governmental entity and to certain offenses relating to the carrying of handguns on that property.

TX HB5043

Relating to expedited forcible detainer suits to evict certain occupants of a dwelling.

TX HB2665

Relating to an interim study of the municipal regulation of short-term rental properties and residential amenity rental properties.

TX HB2518

Relating to required lease terms for public property leased to a nongovernmental entity; creating a criminal offense.

TX HB1341

Relating to repealing certain offenses and removing certain regulations relating to the cultivation, manufacture, delivery, and possession of marihuana and cannabis.

TX HB3747

Relating to the criminal penalty for the offense of the unauthorized reproduction, purchase, use, sale, or possession of a temporary tag; creating a criminal offense; increasing criminal penalties.

TX HB2487

Relating to the possession or use of marihuana or e-cigarettes on or near public school property or at certain school events; creating a criminal offense.

TX HB383

Relating to the provision of access to a dwelling by a landlord to a cotenant or occupant who commits certain offenses.

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3422