Texas House Bill HB414

Texas 2025 - 89th Regular

• Filed: 11/12/24

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 proposed changes bring significant implications for property rights and law enforcement procedures in matters regarding unauthorized occupants. By streamlining the process through which law enforcement can act upon property owner requests, the bill seeks to reduce the complexity and time often associated with evictions. Furthermore, it offers protections for property owners against potential liabilities arising from such removal actions, thereby encouraging property owners to assert their rights more readily. However, it also raises questions about the balance of power between property owners and occupants, especially regarding due process for individuals faced with removal.

Summary

House Bill 414 aims to strengthen the legal framework surrounding unauthorized entry and occupation of residential properties in Texas. The bill introduces provisions that allow property owners or their agents to request the immediate removal of unauthorized occupants by law enforcement. This process must follow specific guidelines, ensuring that the request pertains only to those who unlawfully entered a dwelling, excluding current or former tenants and immediate family members. This legislation addresses a growing concern of unauthorized occupancy and the challenges property owners face in reclaiming their properties without prolonged legal disputes.

Contention

Debate surrounding HB 414 centers on issues of potential misuse or overreach in the application of its provisions. Advocates assert that the bill fills a critical gap in property law, enabling swift action against unauthorized occupants which could deter fraudulent occupancy practices. Critics, however, argue that such powers might threaten the rights of vulnerable individuals, particularly those who may be wrongfully identified as unauthorized occupants. They express concern regarding the balance between property rights and tenant protections, signaling the need for careful oversight to prevent abuses stemming from the expanded authority granted to property owners and law enforcement.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
  • Section: 03

• Chapter 32. Fraud
  • Section: New Section

Property Code

• Chapter 24. Forcible Entry And Detainer
  • Section: New Section