Texas 2025 - 89th Regular

Texas Senate Bill SB1333 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, et al. S.B. No. 1333
2		-
3		-
	1	+	By: Hughes S.B. No. 1333
	2	+	(In the Senate - Filed February 18, 2025;
	3	+	February 28, 2025, read first time and referred to Committee on
	4	+	Criminal Justice; March 20, 2025, rereferred to Committee on State
	5	+	Affairs; March 31, 2025, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	March 31, 2025, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1333 By: Paxton
4	10
5	11
6	12		A BILL TO BE ENTITLED
7	13		AN ACT
8	14		relating to the unauthorized entry, occupancy, sale, rental, lease,
9	15		advertisement for sale, rental, or lease, or conveyance of real
10	16		property, including the removal of certain unauthorized occupants
11	17		of a dwelling; creating criminal offenses; increasing a criminal
12	18		penalty; authorizing a fee.
13	19		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	20		SECTION 1. Section 28.03(b), Penal Code, is amended to read
15	21		as follows:
16	22		(b) Except as provided by Subsections (f) and (h), an
17	23		offense under this section is:
18	24		(1) a Class C misdemeanor if:
19	25		(A) the amount of pecuniary loss is less than
20	26		$100; or
21	27		(B) except as provided in Subdivision (3)(A) or
22	28		(3)(B), it causes substantial inconvenience to others;
23	29		(2) a Class B misdemeanor if the amount of pecuniary
24	30		loss is $100 or more but less than $750;
25	31		(3) a Class A misdemeanor if:
26	32		(A) the amount of pecuniary loss is $750 or more
27	33		but less than $2,500; or
28	34		(B) the actor causes in whole or in part
29	35		impairment or interruption of any public water supply, or causes to
30	36		be diverted in whole, in part, or in any manner, including
31	37		installation or removal of any device for any such purpose, any
32	38		public water supply, regardless of the amount of the pecuniary
33	39		loss;
34	40		(4) a state jail felony if the amount of pecuniary loss
35	41		is:
36	42		(A) $2,500 or more but less than $30,000;
37	43		(B) except as provided in Subdivision (6)(B),
38	44		less than $2,500, if the property damaged or destroyed is a
39	45		habitation and if the damage or destruction is caused by a firearm
40	46		or explosive weapon;
41	47		(C) less than $2,500, if the property was a fence
42	48		used for the production or containment of:
43	49		(i) cattle, bison, horses, sheep, swine,
44	50		goats, exotic livestock, or exotic poultry; or
45	51		(ii) game animals as that term is defined by
46	52		Section 63.001, Parks and Wildlife Code;
47	53		(D) less than $30,000 and the actor:
48	54		(i) causes wholly or partly impairment or
49	55		interruption of property used for flood control purposes or a dam or
50	56		of public communications, public transportation, public gas
51	57		supply, or other public service; or
52	58		(ii) causes to be diverted wholly, partly,
53	59		or in any manner, including installation or removal of any device
54	60		for any such purpose, any public communications or public gas
55	61		supply; or
56	62		(E) less than $30,000, if the property is a motor
57	63		vehicle that is damaged, destroyed, or tampered with during the
58	64		removal or attempted removal of a catalytic converter from the
59	65		motor vehicle;
60	66		(5) a felony of the third degree if:
61	67		(A) the amount of the pecuniary loss is $30,000
62	68		or more but less than $150,000;
63	69		(B) the actor, by discharging a firearm or other
64	70		weapon or by any other means, causes the death of one or more head of
65	71		cattle or bison or one or more horses;
66	72		(C) the actor causes wholly or partly impairment
67	73		or interruption of access to an automated teller machine,
68	74		regardless of the amount of the pecuniary loss; or
69	75		(D) the amount of pecuniary loss is less than
70	76		$150,000 and the actor:
71	77		(i) causes wholly or partly impairment or
72	78		interruption of property used for public power supply; or
73	79		(ii) causes to be diverted wholly, partly,
74	80		or in any manner, including installation or removal of any device
75	81		for any such purpose, any public power supply;
76	82		(6) a felony of the second degree if the amount of
77	83		pecuniary loss is:
78	84		(A) $150,000 or more but less than $300,000; or
79	85		(B) $1,000 or more but less than $300,000, if:
80	86		(i) the property damaged or destroyed is a
81	87		habitation; and
82	88		(ii) it is shown on the trial of the offense
83	89		that the actor committed the offense in the course of committing an
84	90		offense under Section 30.05; or
85	91		(7) a felony of the first degree if the amount of
86	92		pecuniary loss is $300,000 or more.
87	93		SECTION 2. Subchapter D, Chapter 32, Penal Code, is amended
88	94		by adding Sections 32.56 and 32.57 to read as follows:
89	95		Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT
90	96		CONVEYING REAL PROPERTY INTEREST. (a) A person commits an offense
91	97		if, with intent to enter or remain on real property, the person
92	98		knowingly presents to another person a false, fraudulent, or
93	99		fictitious document purporting to be a lease agreement, deed, or
94	100		other instrument conveying real property or an interest in real
95	101		property.
96	102		(b) An offense under this section is a Class A misdemeanor.
97	103		(c) If conduct that constitutes an offense under this
98	104		section also constitutes an offense under another law, the actor
99	105		may be prosecuted under this section, the other law, or both.
100	106		Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF
101	107		RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the
102	108		person knowingly:
103	109		(1) lists or advertises for sale, rent, or lease
104	110		residential real property while knowing that the person offering to
105	111		sell, rent, or lease the property does not have legal title or
106	112		authority to sell, rent, or lease the property; or
107	113		(2) sells, rents, or leases to another person
108	114		residential real property to which the person does not have legal
109	115		title or authority to sell, rent, or lease.
110	116		(b) An offense under this section is a felony of the first
111	117		degree.
112	118		(c) If conduct that constitutes an offense under this
113	119		section also constitutes an offense under another law, the actor
114	120		may be prosecuted under this section, the other law, or both.
115	121		SECTION 3. Title 4, Property Code, is amended by adding
116	122		Chapter 24B to read as follows:
117	123		CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
118	124		PROPERTY
119	125		Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
120	126		OCCUPANT OF DWELLING BY SHERIFF OR CONSTABLE. Notwithstanding any
121	127		other law, an owner of residential real property or the owner's
122	128		agent may request that the sheriff or constable of the county in
123	129		which the property is located immediately remove a person who
124	130		unlawfully entered and is occupying a dwelling on the property
125	131		without the owner's consent if:
126	132		(1) the property:
127	133		(A) was not open to the public when the person
128	134		entered the property; and
129	135		(B) is not the subject of pending litigation
130	136		between the owner and the person;
131	137		(2) the owner or the owner's agent has directed the
132	138		person to leave the property and the person has not done so; and
133	139		(3) the person is not:
134	140		(A) a current or former tenant of the owner under
135	141		an oral or written lease; or
136	142		(B) an immediate family member of the owner.
137	143		Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
138	144		OCCUPANT. (a) A property owner or the owner's agent may request
139	145		the removal of a person under Section 24B.001 by submitting to the
140	146		sheriff or constable of the county in which the property is located
141	147		a complaint in substantially the following form that complies with
142	148		Subsection (b):
143	149		COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING
144	150		WITHOUT OWNER'S CONSENT
145	151		I, _____ (name of complainant), declare under the penalty of
146	152		perjury that:
147	153		(Complete each item as applicable and initial each item.)
148	154		___ 1. I am the owner of residential real property
149	155		located at ______(property address) or the agent of the owner.
150	156		___ 2. A person unlawfully entered and occupies a
151	157		dwelling on the property without the owner's consent.
152	158		___ 3. The property was not open to the public when the
153	159		person entered the property.
154	160		___ 4. The property is not the subject of pending
155	161		litigation between the owner and the person.
156	162		___ 5. The owner or the owner's agent has directed the
157	163		person to leave the property and the person has not done so.
158	164		___ 6. The person is not a current or former tenant of
159	165		the owner under an oral or written lease and any lease produced by
160	166		the person is fraudulent.
161	167		___ 7. The person is not an owner or co-owner of the
162	168		property and any title to the property that lists the person as an
163	169		owner or co-owner is fraudulent.
164	170		___ 8. The person is not an immediate family member of
165	171		the owner.
166	172		___ 9. I understand that a person removed from the
167	173		property as a result of this complaint may bring an action against
168	174		me for any false statement made in the complaint or for wrongfully
169	175		submitting the complaint.
170	176		___ 10. I understand that I may be held liable for
171	177		actual damages, exemplary damages, court costs, and reasonable
172	178		attorney's fees in an action described by Item 9.
173	179		___ 11. I am requesting that the sheriff or constable
174	180		immediately remove each person occupying the dwelling without the
175	181		owner's consent.
176	182		___ 12. A copy of my valid government-issued
177	183		identification is attached and, if I am the owner's agent, a
178	184		document evidencing my authority to act on the property owner's
179	185		behalf is attached.
180	186		I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH
181	187		STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE
182	188		IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE
183	189		UNDER SECTION 37.02, PENAL CODE.
184	190		____________(signature of complainant)
185	191		(b) A complaint submitted under this section must be made
186	192		under oath or made as an unsworn declaration under Section 132.001,
187	193		Civil Practice and Remedies Code.
188	194		Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE
189	195		TO IMMEDIATELY VACATE. (a) A sheriff or constable who receives a
190	196		complaint under Section 24B.002 shall verify that the complainant
191	197		is:
192	198		(1) the record owner of the property that is the
193	199		subject of the complaint or the owner's agent; and
194	200		(2) otherwise entitled to the relief sought in the
195	201		complaint.
196	202		(b) On verifying the complaint under Subsection (a), the
197	203		sheriff or constable shall without delay:
198	204		(1) serve notice to immediately vacate on the person
199	205		occupying the dwelling without the owner's consent; and
200	206		(2) put the owner in possession of the dwelling.
201	207		(c) Service of notice to immediately vacate may be
202	208		accomplished by:
203	209		(1) hand delivery to an occupant of the dwelling; or
204	210		(2) affixing the notice to the front door or entrance
205	211		of the dwelling.
206	212		(d) A sheriff or constable serving notice to immediately
207	213		vacate under this section shall attempt to verify the identity of
208	214		each person occupying the dwelling and note each identity on the
209	215		return of service.
210	216		(e) A sheriff or constable serving notice to immediately
211	217		vacate under this section may arrest any person found in the
212	218		dwelling for an outstanding warrant or for trespass or any other
213	219		offense for which probable cause exists.
214	220		(f) A sheriff or constable who serves a notice to
215	221		immediately vacate under this section is entitled to receive from
216	222		the complainant a fee in an amount equal to the amount the sheriff
217	223		or constable would receive for executing a writ of possession.
218	224		(g) After the service of notice to immediately vacate by the
219	225		sheriff or constable under Subsection (b), the property owner or
220	226		owner's agent may request that the sheriff or constable remain on
221	227		the property to keep the peace while the owner or owner's agent:
222	228		(1) changes any locks; and
223	229		(2) removes any personal property of an occupant from
224	230		the dwelling and places the personal property at or near the
225	231		property line of the owner's property.
226	232		(h) If a request described by Subsection (g) is made, the
227	233		sheriff or constable may charge the person making the request a
228	234		reasonable hourly rate set by the sheriff or constable for
229	235		remaining on the property.
230	236		Sec. 24B.004. LIABILITY. (a) A sheriff or constable is not
231	237		liable to an unauthorized occupant or any other person for loss or
232	238		destruction of or damage to property resulting from the removal of a
233	239		person or property under this chapter.
234	240		(b) Subject to Section 24B.005, a property owner or the
235	241		owner's agent is not liable to any person for loss or destruction of
236	242		or damage to personal property resulting from the removal of the
237	243		personal property from the owner's property under this chapter.
238	244		Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person
239	245		who is wrongfully removed, or whose personal property is wrongfully
240	246		removed, from a dwelling or other real property under this chapter
241	247		may bring an action under this section to:
242	248		(1) recover possession of the real property; and
243	249		(2) recover from the person who requested the wrongful
244	250		removal:
245	251		(A) actual damages;
246	252		(B) exemplary damages equal to three times the
247	253		fair market rent of the dwelling;
248	254		(C) court costs; and
249	255		(D) reasonable attorney's fees.
250	256		(b) The court shall set an action brought under this section
251	257		for hearing at the earliest practicable date to expedite the
252	258		action.
253	259		Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:
254	260		(1) the rights of a property owner; or
255	261		(2) the authority of a law enforcement officer to
256	262		arrest an unauthorized occupant of a dwelling for trespassing,
257	263		vandalism, theft, or another offense.
258	264		SECTION 4. Section 28.03, Penal Code, as amended by this
259	265		Act, applies only to an offense committed on or after the effective
260	266		date of this Act. An offense committed before the effective date of
261	267		this Act is governed by the law in effect on the date the offense was
262	268		committed, and the former law is continued in effect for that
263	269		purpose. For purposes of this section, an offense was committed
264	270		before the effective date of this Act if any element of the offense
265	271		occurred before that date.
266	272		SECTION 5. This Act takes effect September 1, 2025.
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