Texas House Bill HB4467

Texas 2025 - 89th Regular

• Filed: 3/11/25

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

If enacted, HB4467 will amend existing laws to clarify the responsibilities and legal rights of property owners in the context of unauthorized occupancy. The bill introduces new offenses related to the fraudulent sale or lease of residential property and enhances penalties for such actions. It establishes the liability of sheriffs and property owners in situations involving the wrongful removal of occupants, thus highlighting the legal framework within which these actions are to be conducted. This legislation could significantly impact property management and landlord-tenant relations.

Summary

House Bill 4467 addresses issues surrounding unauthorized entry and occupancy of real property in Texas. The bill seeks to create legal mechanisms for property owners to remove unauthorized occupants swiftly, outlining the procedures that sheriffs should follow in such cases. This includes the establishment of a complaint process that property owners or their agents can utilize to request immediate removal of individuals unlawfully occupying their dwellings. The bill emphasizes the need for proper documentation and verification by law enforcement officers before any eviction takes place.

Contention

There may be concerns regarding the balance of power in residential disputes, particularly related to the definitions of unauthorized occupancy and the potential for abuse of the eviction process. Critics may argue that the bill could favor property owners excessively, possibly leading to wrongful evictions if safeguards are not adequately implemented. Furthermore, the provision that allows sheriffs to charge a fee for remaining on the property during changes in locks and removal of belongings raises potential debates regarding fairness and accessibility for property owners and affected individuals alike.

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