Relating to the unauthorized occupancy of real property and a credit against the ad valorem taxes imposed on the real property; creating a criminal offense.
The bill includes amendments to both the Penal Code and the Property Code, allowing property owners to seek legal remedies such as injunctions against unauthorized occupants. Owners can bring actions in court to restrain squatters and may also compel prosecutors to address these offenses if appropriate action is not taken. This mechanism places a significant emphasis on empowering property owners to tackle unauthorized occupancy issues directly through the judicial system.
House Bill 5522 addresses the issue of unauthorized occupancy of real property by creating a new criminal offense for squatting. Under the proposed legislation, a person who occupies someone else's property without effective consent is committing a Class A misdemeanor, which can escalate to a state jail felony for repeat offenders. This law emphasizes the need for property owners to have the ability to protect their rights against unauthorized occupants through legal channels.
Another noteworthy component of HB5522 is the introduction of a tax credit for property owners during periods when their property is occupied by someone without consent. This provision aims to alleviate some financial burdens on landlords who are unable to derive income from their property due to it being occupied unlawfully. However, the tax credit is contingent upon the successful passage of a Constitutional amendment, sparking potential debates around its implementation and effectiveness in practice.