89R9133 PRL-D
By: Ashby H.B. No. 4031
A BILL TO BE ENTITLED
AN ACT
relating to the unauthorized occupancy of real property, including
the removal of certain unauthorized occupants; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 30, Penal Code, is amended by adding
Section 30.08 to read as follows:
Sec. 30.08. SQUATTING. (a) A person commits an offense if
the person:
(1) occupies the property of another without the
effective consent of the owner or other person authorized by a lease
or other agreement to occupy the property; and
(2) knows or reasonably should know that the person
does not have the effective consent of the owner or other person
authorized by a lease or other agreement to occupy the property.
(b) An offense under this section is a state jail felony.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section or the other law, but not both.
SECTION 2. Title 4, Property Code, is amended by adding
Chapter 24B to read as follows:
CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
PROPERTY
Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an
owner of residential real property, the owner's agent, or a person
authorized by a lease or other agreement to occupy the property may
request that the sheriff of the county in which the property is
located immediately remove a person who unlawfully entered and is
occupying a dwelling on the property without the consent of the
owner or the person authorized by a lease or other agreement to
occupy the property.
Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
OCCUPANT. (a) A person entitled to request the removal of a person
under Section 24B.001 may make the request by submitting to the
sheriff of the county in which the property is located a written
complaint that complies with Subsection (b) and includes a
statement that:
(1) the complainant is entitled to possession of the
property;
(2) a person occupies a dwelling on the property
without the complainant's consent;
(3) the complainant has directed the person to leave
the property and the person has not done so; and
(4) the complainant is requesting that the sheriff
remove each person occupying the dwelling without the complainant's
consent.
(b) A complaint submitted under this section must be made
under oath or made as an unsworn declaration under Section 132.001,
Civil Practice and Remedies Code.
Sec. 24B.003. NOTICE OF COMPLAINT; OCCUPANT RESPONSE. (a)
A sheriff who receives a complaint under Section 24B.002 shall make
contact with the person occupying the dwelling and serve on the
person in a manner described by Section 24B.004(b) written notice
of the complaint and at least one method by which the person may
provide evidence to the sheriff under Subsection (b).
(b) Not later than the third day after the date that the
notice is received under Subsection (a), the person occupying the
dwelling may provide to the sheriff evidence that the complainant
is not entitled to the relief sought in the complaint.
(c) If the person occupying the dwelling provides evidence,
including a properly executed lease or rental agreement or proof of
rental payments, to the sheriff under Subsection (b) that the
sheriff finds sufficient to raise a question of fact regarding the
complainant's right to relief, the sheriff shall provide notice to
the complainant that the complainant is not entitled to relief
under this chapter.
Sec. 24B.004. SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a)
If evidence described by Section 24B.003(c) is not provided to the
sheriff in the time provided by Section 24B.003(b), the sheriff
shall without delay:
(1) serve notice to immediately vacate on the person
occupying the dwelling without the consent of the owner or the
person authorized by a lease or other agreement to occupy the
property, as applicable;
(2) arrest the person occupying the dwelling for an
offense under Section 30.08, Penal Code; and
(3) put the owner or the person authorized by a lease
or other agreement to occupy the property, as applicable, in
possession of the dwelling.
(b) Service of notice to immediately vacate may be
accomplished by:
(1) hand delivery to an occupant of the dwelling; or
(2) affixing the notice to the front door or entrance
of the dwelling.
SECTION 3. This Act takes effect September 1, 2025.