Texas House Bill HB4223

Texas 2025 - 89th Regular

• Filed: 3/10/25

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

Should HB 4223 pass, it would introduce several new measures regarding the management of unauthorized occupants. This includes increasing penalties for offenses related to fraudulent property transactions, such as the presentation of false leases or documents. Additionally, it establishes clear avenues for property owners to reclaim their properties, thereby potentially reducing the time and costs associated with lengthy eviction procedures. The bill aims to enhance property rights for owners but might raise concerns regarding tenants' rights, particularly concerning due process in eviction scenarios.

Summary

House Bill 4223 addresses illegal entry and occupancy of real property in Texas. The bill strengthens laws against unauthorized entry, allowing property owners to request the immediate removal of individuals unlawfully occupying their properties. It outlines specific conditions under which property owners can initiate removal, ensuring that the property was not open to the public and that the individual is neither a tenant nor a family member of the owner. This proposed approach streamlines the eviction process and reduces the legal hurdles currently faced by property owners.

Contention

Notable points of contention around HB 4223 include the balance of homeowners' rights against those of tenants. Critics might argue that while the bill appears to empower property owners, it could lead to potential abuses where individuals may be wrongfully evicted without adequate legal protection. The implications of increasing criminal penalties for fraudulent property dealings and unauthorized occupancy may face scrutiny from civil rights advocates, who may highlight the importance of safeguarding vulnerable populations from aggressive property management practices.

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