Texas House Bill HB4540

Texas 2025 - 89th Regular

• Filed: 3/12/25

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

The legislation is expected to significantly impact state laws regarding property rights and tenant occupancy. By explicitly allowing property owners or their agents to seek removal of unauthorized persons, the bill enhances the legal standing of property owners, potentially leading to fewer complications when dealing with unlawful occupants. It also provides clear definitions of offenses, including penalties for fraudulent activity associated with property rentals or sales, thereby aiming to deter such conduct and safeguard legitimate transactions in the real estate market.

Summary

House Bill 4540 addresses the issue of unauthorized entry and occupancy of real property in Texas. The bill introduces new provisions aimed at protecting property owners by defining criminal offenses related to the unauthorized use of their properties. This includes the sale, rental, lease, and advertisement of properties without proper legal authority. A key feature of the bill is the establishment of a new legal framework empowering property owners to request the removal of unauthorized occupants through their local sheriff, streamlining the process for eviction in a relatively quick manner.

Contention

While the bill aims to strengthen property owner rights, it may also raise concerns regarding the potential for abuse, particularly in situations where accusations of unauthorized occupancy could be falsely claimed. The provisions that allow for expedited eviction processes may lead to a lack of due process for individuals who may be wrongfully accused. Critics may argue that the bill favors property owners disproportionately over tenants, thereby exacerbating issues within rental markets and infringing on tenants' rights to fair treatment and representation.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 32. Fraud
  • Section: New Section

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