Texas 2025 - 89th Regular

Texas House Bill HB4031 Compare Versions

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

Old	New	Differences
1	1	89R9133 PRL-D
2	2	By: Ashby H.B. No. 4031
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the unauthorized occupancy of real property, including
10	10	the removal of certain unauthorized occupants; creating a criminal
11	11	offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 30, Penal Code, is amended by adding
14	14	Section 30.08 to read as follows:
15	15	Sec. 30.08. SQUATTING. (a) A person commits an offense if
16	16	the person:
17	17	(1) occupies the property of another without the
18	18	effective consent of the owner or other person authorized by a lease
19	19	or other agreement to occupy the property; and
20	20	(2) knows or reasonably should know that the person
21	21	does not have the effective consent of the owner or other person
22	22	authorized by a lease or other agreement to occupy the property.
23	23	(b) An offense under this section is a state jail felony.
24	24	(c) If conduct that constitutes an offense under this
25	25	section also constitutes an offense under another law, the actor
26	26	may be prosecuted under this section or the other law, but not both.
27	27	SECTION 2. Title 4, Property Code, is amended by adding
28	28	Chapter 24B to read as follows:
29	29	CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
30	30	PROPERTY
31	31	Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
32	32	OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an
33	33	owner of residential real property, the owner's agent, or a person
34	34	authorized by a lease or other agreement to occupy the property may
35	35	request that the sheriff of the county in which the property is
36	36	located immediately remove a person who unlawfully entered and is
37	37	occupying a dwelling on the property without the consent of the
38	38	owner or the person authorized by a lease or other agreement to
39	39	occupy the property.
40	40	Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
41	41	OCCUPANT. (a) A person entitled to request the removal of a person
42	42	under Section 24B.001 may make the request by submitting to the
43	43	sheriff of the county in which the property is located a written
44	44	complaint that complies with Subsection (b) and includes a
45	45	statement that:
46	46	(1) the complainant is entitled to possession of the
47	47	property;
48	48	(2) a person occupies a dwelling on the property
49	49	without the complainant's consent;
50	50	(3) the complainant has directed the person to leave
51	51	the property and the person has not done so; and
52	52	(4) the complainant is requesting that the sheriff
53	53	remove each person occupying the dwelling without the complainant's
54	54	consent.
55	55	(b) A complaint submitted under this section must be made
56	56	under oath or made as an unsworn declaration under Section 132.001,
57	57	Civil Practice and Remedies Code.
58	58	Sec. 24B.003. NOTICE OF COMPLAINT; OCCUPANT RESPONSE. (a)
59	59	A sheriff who receives a complaint under Section 24B.002 shall make
60	60	contact with the person occupying the dwelling and serve on the
61	61	person in a manner described by Section 24B.004(b) written notice
62	62	of the complaint and at least one method by which the person may
63	63	provide evidence to the sheriff under Subsection (b).
64	64	(b) Not later than the third day after the date that the
65	65	notice is received under Subsection (a), the person occupying the
66	66	dwelling may provide to the sheriff evidence that the complainant
67	67	is not entitled to the relief sought in the complaint.
68	68	(c) If the person occupying the dwelling provides evidence,
69	69	including a properly executed lease or rental agreement or proof of
70	70	rental payments, to the sheriff under Subsection (b) that the
71	71	sheriff finds sufficient to raise a question of fact regarding the
72	72	complainant's right to relief, the sheriff shall provide notice to
73	73	the complainant that the complainant is not entitled to relief
74	74	under this chapter.
75	75	Sec. 24B.004. SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a)
76	76	If evidence described by Section 24B.003(c) is not provided to the
77	77	sheriff in the time provided by Section 24B.003(b), the sheriff
78	78	shall without delay:
79	79	(1) serve notice to immediately vacate on the person
80	80	occupying the dwelling without the consent of the owner or the
81	81	person authorized by a lease or other agreement to occupy the
82	82	property, as applicable;
83	83	(2) arrest the person occupying the dwelling for an
84	84	offense under Section 30.08, Penal Code; and
85	85	(3) put the owner or the person authorized by a lease
86	86	or other agreement to occupy the property, as applicable, in
87	87	possession of the dwelling.
88	88	(b) Service of notice to immediately vacate may be
89	89	accomplished by:
90	90	(1) hand delivery to an occupant of the dwelling; or
91	91	(2) affixing the notice to the front door or entrance
92	92	of the dwelling.
93	93	SECTION 3. This Act takes effect September 1, 2025.