Texas House Bill HB3274

Texas 2025 - 89th Regular

• Filed: 2/25/25

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 bill is expected to significantly influence state laws by providing clearer procedures for property owners to address issues of unauthorized occupancy. With the authority given to sheriffs to remove individuals unlawfully occupying dwellings, it streamlines the process for property owners and reinforces the legal basis for property management. This can particularly benefit landlords and property management companies by ensuring that they can reclaim property that has been occupied without consent more efficiently.

Summary

House Bill 3274 seeks to address issues related to unauthorized entry and occupancy of real property in Texas. The legislation introduces amendments to the Penal Code, creating new criminal offenses surrounding the unauthorized rental, sale, and occupancy of real property. This includes stricter penalties for actions such as presenting false documents to gain access or control over property and facilitates the removal of unauthorized occupants by law enforcement when requested by property owners. The bill aims to protect property rights and enhance the legal framework for managing disputes related to unauthorized tenancy.

Contention

Notably, concerns have been raised about potential abuses of the law, particularly regarding the swift removal of occupants. Critics warn that the bill could lead to wrongful evictions, especially if property owners misinterpret their rights or misuse the provisions for eviction. The requirement for the sheriff to act based on a property owner's complaint may also inadvertently place vulnerable tenants at risk of being displaced without due process. Furthermore, the bill’s provisions could be contested in terms of fairness and equity for those occupying properties that might not have clear legal claims.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
  • Section: New Section