Texas House Bill HB4031

Texas 2025 - 89th Regular

• Filed: 3/7/25

Caption

Relating to the unauthorized occupancy of real property, including the removal of certain unauthorized occupants; creating a criminal offense.

Impact

The bill introduces significant changes to state laws regarding property rights and the role of law enforcement in eviction scenarios. Under the new provisions, property owners, or their authorized agents, can request the immediate removal of unauthorized occupants by local sheriffs, bypassing traditional eviction processes that often require lengthy court proceedings. This amendment seeks to expedite the removal of unlawful occupants from residential properties, ensuring that property owners reclaim their property expeditiously.

Summary

House Bill 4031 aims to address the issue of unauthorized occupancy of real property, commonly referred to as squatting. The bill explicitly criminalizes the act of occupying another person's property without effective consent, classifying this offense as a state jail felony. The legislation is designed to empower property owners by streamlining the process for removing unauthorized occupants and reinforcing the rights of property owners to reclaim their spaces swiftly.

Contention

While the bill has garnered support for strengthening property rights, it is not without controversy. Critics argue that the expedited process could lead to potential abuses, wherein individuals occupying properties—often in vulnerable situations—might face unjust evictions without adequate legal recourse. Notably, concerns have been raised about the implications for tenants and the impact on housing stability, as the bill does not mandate sufficient evidence or due process for individuals being removed from their homes.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 30. Burglary And Criminal Trespass
  • Section: New Section