Texas House Bill HB3518

Texas 2025 - 89th Regular

• Filed: 2/28/25

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 modifies existing laws to enhance the penalties associated with unauthorized occupancy and fraudulent real estate transactions. Offenses can result in various penalties depending on the pecuniary loss caused, from Class C misdemeanors to state jail felonies. This elevates the seriousness of such offenses, potentially acting as a deterrent against unlawful occupancy and fraud. The bill aims to clarify the process for property owners to reclaim possession of their property and provides sheriff's departments with the authority to handle these sensitive situations directly, which could streamline enforcement and improve property owner rights.

Summary

House Bill 3518 proposes significant changes to the regulation of unauthorized entry and occupancy of real property, specifically targeting the removal of unauthorized occupants. The bill establishes new criminal offenses related to presenting false documents for real property leases or sales, thereby protecting property owners from fraudulent activities. It also creates a framework for property owners to request the sheriff's assistance with the immediate removal of occupants who unlawfully enter and reside in their dwellings without consent. By instituting these provisions, the bill aims to expedite the process of dealing with unauthorized occupants.

Contention

Notably, the legislation may spark debate concerning the balance between empowering property owners and protecting the rights of individuals who may be unjustly accused of trespassing or unlawful occupation. Critics might argue that the bill's provisions could lead to hasty evictions and potential abuse of power by landlords or property owners. Furthermore, issues regarding the liability of sheriffs and property owners for damages during removal processes are likely to be points of contention, alongside discussions on the definition of unauthorized occupancy and the evidential standards required to justify removal.

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