Texas 2025 - 89th Regular

Texas House Bill HB4467 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1796 PRL/MEW-D
2	2	By: Isaac H.B. No. 4467
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the unauthorized entry, occupancy, sale, rental, lease,
10	10	advertisement for sale, rental, or lease, or conveyance of real
11	11	property, including the removal of certain unauthorized occupants
12	12	of a dwelling; creating criminal offenses; increasing a criminal
13	13	penalty; authorizing a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 28.03(b), Penal Code, is amended to read
16	16	as follows:
17	17	(b) Except as provided by Subsections (f) and (h), an
18	18	offense under this section is:
19	19	(1) a Class C misdemeanor if:
20	20	(A) the amount of pecuniary loss is less than
21	21	$100; or
22	22	(B) except as provided in Subdivision (3)(A) or
23	23	(3)(B), it causes substantial inconvenience to others;
24	24	(2) a Class B misdemeanor if the amount of pecuniary
25	25	loss is $100 or more but less than $750;
26	26	(3) a Class A misdemeanor if:
27	27	(A) the amount of pecuniary loss is $750 or more
28	28	but less than $2,500; or
29	29	(B) the actor causes in whole or in part
30	30	impairment or interruption of any public water supply, or causes to
31	31	be diverted in whole, in part, or in any manner, including
32	32	installation or removal of any device for any such purpose, any
33	33	public water supply, regardless of the amount of the pecuniary
34	34	loss;
35	35	(4) a state jail felony if the amount of pecuniary loss
36	36	is:
37	37	(A) $2,500 or more but less than $30,000;
38	38	(B) except as provided in Subdivision (6)(B),
39	39	less than $2,500, if the property damaged or destroyed is a
40	40	habitation and if the damage or destruction is caused by a firearm
41	41	or explosive weapon;
42	42	(C) less than $2,500, if the property was a fence
43	43	used for the production or containment of:
44	44	(i) cattle, bison, horses, sheep, swine,
45	45	goats, exotic livestock, or exotic poultry; or
46	46	(ii) game animals as that term is defined by
47	47	Section 63.001, Parks and Wildlife Code;
48	48	(D) less than $30,000 and the actor:
49	49	(i) causes wholly or partly impairment or
50	50	interruption of property used for flood control purposes or a dam or
51	51	of public communications, public transportation, public gas
52	52	supply, or other public service; or
53	53	(ii) causes to be diverted wholly, partly,
54	54	or in any manner, including installation or removal of any device
55	55	for any such purpose, any public communications or public gas
56	56	supply; or
57	57	(E) less than $30,000, if the property is a motor
58	58	vehicle that is damaged, destroyed, or tampered with during the
59	59	removal or attempted removal of a catalytic converter from the
60	60	motor vehicle;
61	61	(5) a felony of the third degree if:
62	62	(A) the amount of the pecuniary loss is $30,000
63	63	or more but less than $150,000;
64	64	(B) the actor, by discharging a firearm or other
65	65	weapon or by any other means, causes the death of one or more head of
66	66	cattle or bison or one or more horses;
67	67	(C) the actor causes wholly or partly impairment
68	68	or interruption of access to an automated teller machine,
69	69	regardless of the amount of the pecuniary loss; or
70	70	(D) the amount of pecuniary loss is less than
71	71	$150,000 and the actor:
72	72	(i) causes wholly or partly impairment or
73	73	interruption of property used for public power supply; or
74	74	(ii) causes to be diverted wholly, partly,
75	75	or in any manner, including installation or removal of any device
76	76	for any such purpose, any public power supply;
77	77	(6) a felony of the second degree if the amount of
78	78	pecuniary loss is:
79	79	(A) $150,000 or more but less than $300,000; or
80	80	(B) $1,000 or more but less than $300,000, if:
81	81	(i) the property damaged or destroyed is a
82	82	habitation; and
83	83	(ii) it is shown on the trial of the offense
84	84	that the actor committed the offense in the course of committing an
85	85	offense under Section 30.05; or
86	86	(7) a felony of the first degree if the amount of
87	87	pecuniary loss is $300,000 or more.
88	88	SECTION 2. Subchapter D, Chapter 32, Penal Code, is amended
89	89	by adding Sections 32.56 and 32.57 to read as follows:
90	90	Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT
91	91	CONVEYING REAL PROPERTY INTEREST. (a) A person commits an offense
92	92	if, with intent to enter or remain on real property, the person
93	93	knowingly presents to another person a false, fraudulent, or
94	94	fictitious document purporting to be a lease agreement, deed, or
95	95	other instrument conveying real property or an interest in real
96	96	property.
97	97	(b) An offense under this section is a Class A misdemeanor.
98	98	(c) If conduct that constitutes an offense under this
99	99	section also constitutes an offense under any other law, the actor
100	100	may be prosecuted under this section or the other law, but not both.
101	101	Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF
102	102	RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the
103	103	person knowingly:
104	104	(1) lists or advertises for sale, rent, or lease
105	105	residential real property while knowing that the person offering to
106	106	sell, rent, or lease the property does not have legal title or
107	107	authority to sell, rent, or lease the property; or
108	108	(2) sells, rents, or leases to another person
109	109	residential real property to which the person does not have legal
110	110	title or authority to sell, rent, or lease.
111	111	(b) An offense under this section is a felony of the first
112	112	degree.
113	113	(c) If conduct that constitutes an offense under this
114	114	section also constitutes an offense under any other law, the actor
115	115	may be prosecuted under this section or the other law, but not both.
116	116	SECTION 3. Title 4, Property Code, is amended by adding
117	117	Chapter 24B to read as follows:
118	118	CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
119	119	PROPERTY
120	120	Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
121	121	OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an
122	122	owner of residential real property or the owner's agent may request
123	123	that the sheriff of the county in which the property is located
124	124	immediately remove a person who unlawfully entered and is occupying
125	125	a dwelling on the property without the owner's consent if:
126	126	(1) the property:
127	127	(A) was not open to the public when the person
128	128	entered the property; and
129	129	(B) is not the subject of pending litigation
130	130	between the owner and the person;
131	131	(2) the owner or the owner's agent has directed the
132	132	person to leave the property and the person has not done so; and
133	133	(3) the person is not:
134	134	(A) a current or former tenant of the owner under
135	135	an oral or written lease; or
136	136	(B) an immediate family member of the owner.
137	137	Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
138	138	OCCUPANT. (a) A property owner or the owner's agent may request
139	139	the removal of a person under Section 24B.001 by submitting to the
140	140	sheriff of the county in which the property is located a complaint
141	141	in substantially the following form that complies with Subsection
142	142	(b):
143	143	COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING
144	144	WITHOUT OWNER'S CONSENT
145	145	I, _____ (name of complainant), declare under the penalty of
146	146	perjury that:
147	147	(Complete each item as applicable and initial each item.)
148	148	___ 1. I am the owner of residential real property
149	149	located at ______(property address) or the agent of the owner.
150	150	___ 2. A person unlawfully entered and occupies a
151	151	dwelling on the property without the owner's consent.
152	152	___ 3. The property was not open to the public when the
153	153	person entered the property.
154	154	___ 4. The property is not the subject of pending
155	155	litigation between the owner and the person.
156	156	___ 5. The owner or the owner's agent has directed the
157	157	person to leave the property and the person has not done so.
158	158	___ 6. The person is not a current or former tenant of
159	159	the owner under an oral or written lease and any lease produced by
160	160	the person is fraudulent.
161	161	___ 7. The person is not an owner or co-owner of the
162	162	property and any title to the property that lists the person as an
163	163	owner or co-owner is fraudulent.
164	164	___ 8. The person is not an immediate family member of
165	165	the owner.
166	166	___ 9. I understand that a person removed from the
167	167	property as a result of this complaint may bring an action against
168	168	me for any false statement made in the complaint or for wrongfully
169	169	submitting the complaint.
170	170	___ 10. I understand that I may be held liable for
171	171	actual damages, exemplary damages, court costs, and reasonable
172	172	attorney's fees in an action described by Item 9.
173	173	___ 11. I am requesting that the sheriff immediately
174	174	remove each person occupying the dwelling without the owner's
175	175	consent.
176	176	___ 12. A copy of my valid government-issued
177	177	identification is attached and, if I am the owner's agent, a
178	178	document evidencing my authority to act on the property owner's
179	179	behalf is attached.
180	180	I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH
181	181	STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE
182	182	IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE
183	183	UNDER SECTION 37.02, PENAL CODE.
184	184	____________(signature of complainant)
185	185	(b) A complaint submitted under this section must be made
186	186	under oath or made as an unsworn declaration under Section 132.001,
187	187	Civil Practice and Remedies Code.
188	188	Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE
189	189	TO IMMEDIATELY VACATE. (a) A sheriff who receives a complaint
190	190	under Section 24B.002 shall verify that the complainant is:
191	191	(1) the record owner of the property that is the
192	192	subject of the complaint or the owner's agent; and
193	193	(2) otherwise entitled to the relief sought in the
194	194	complaint.
195	195	(b) On verifying the complaint under Subsection (a), the
196	196	sheriff shall without delay:
197	197	(1) serve notice to immediately vacate on the person
198	198	occupying the dwelling without the owner's consent; and
199	199	(2) put the owner in possession of the dwelling.
200	200	(c) Service of notice to immediately vacate may be
201	201	accomplished by:
202	202	(1) hand delivery to an occupant of the dwelling; or
203	203	(2) affixing the notice to the front door or entrance
204	204	of the dwelling.
205	205	(d) A sheriff serving notice to immediately vacate under
206	206	this section shall attempt to verify the identity of each person
207	207	occupying the dwelling and note each identity on the return of
208	208	service.
209	209	(e) A sheriff serving notice to immediately vacate under
210	210	this section may arrest any person found in the dwelling for an
211	211	outstanding warrant or for trespass or any other offense for which
212	212	probable cause exists.
213	213	(f) A sheriff who serves a notice to immediately vacate
214	214	under this section is entitled to receive from the complainant a fee
215	215	in an amount equal to the amount the sheriff would receive for
216	216	executing a writ of possession.
217	217	(g) After the service of notice to immediately vacate by the
218	218	sheriff under Subsection (b), the property owner or owner's agent
219	219	may request that the sheriff remain on the property to keep the
220	220	peace while the owner or owner's agent:
221	221	(1) changes any locks; and
222	222	(2) removes any personal property of an occupant from
223	223	the dwelling and places the personal property at or near the
224	224	property line of the owner's property.
225	225	(h) If a request described by Subsection (g) is made, the
226	226	sheriff may charge the person making the request a reasonable
227	227	hourly rate set by the sheriff for remaining on the property.
228	228	Sec. 24B.004. LIABILITY. (a) A sheriff is not liable to an
229	229	unauthorized occupant or any other person for loss or destruction
230	230	of or damage to property resulting from the removal of a person or
231	231	property under this chapter.
232	232	(b) Subject to Section 24B.005, a property owner or the
233	233	owner's agent is not liable to any person for loss or destruction of
234	234	or damage to personal property resulting from the removal of the
235	235	personal property from the owner's property under this chapter.
236	236	Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person
237	237	who is wrongfully removed, or whose personal property is wrongfully
238	238	removed, from a dwelling or other real property under this chapter
239	239	may bring an action under this section to:
240	240	(1) recover possession of the real property; and
241	241	(2) recover from the person who requested the wrongful
242	242	removal:
243	243	(A) actual damages;
244	244	(B) exemplary damages equal to three times the
245	245	fair market rent of the dwelling;
246	246	(C) court costs; and
247	247	(D) reasonable attorney's fees.
248	248	(b) The court shall set an action brought under this section
249	249	for hearing at the earliest practicable date to expedite the
250	250	action.
251	251	Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:
252	252	(1) the rights of a property owner; or
253	253	(2) the authority of a law enforcement officer to
254	254	arrest an unauthorized occupant of a dwelling for trespassing,
255	255	vandalism, theft, or another offense.
256	256	SECTION 4. Section 28.03, Penal Code, as amended by this
257	257	Act, applies only to an offense committed on or after the effective
258	258	date of this Act. An offense committed before the effective date of
259	259	this Act is governed by the law in effect on the date the offense was
260	260	committed, and the former law is continued in effect for that
261	261	purpose. For purposes of this section, an offense was committed
262	262	before the effective date of this Act if any element of the offense
263	263	occurred before that date.
264	264	SECTION 5. This Act takes effect September 1, 2025.