Texas 2025 - 89th Regular

Texas Senate Bill SB1995 Compare Versions

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

Old	New	Differences
1	1	By: Hall S.B. No. 1995
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the unauthorized entry, occupancy, sale, rental, lease,
9	9	advertisement for sale, rental, or lease, or conveyance of real
10	10	property, including the removal of certain unauthorized occupants
11	11	of a dwelling; creating criminal offenses; increasing a criminal
12	12	penalty.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 28.03(b), Penal Code, is amended to read
15	15	as follows:
16	16	(b) Except as provided by Subsections (f) and (h), an
17	17	offense under this section is:
18	18	(1) a Class C misdemeanor if:
19	19	(A) the amount of pecuniary loss is less than
20	20	$100; or
21	21	(B) except as provided in Subdivision (3)(A) or
22	22	(3)(B), it causes substantial inconvenience to others;
23	23	(2) a Class B misdemeanor if the amount of pecuniary
24	24	loss is $100 or more but less than $750;
25	25	(3) a Class A misdemeanor if:
26	26	(A) the amount of pecuniary loss is $750 or more
27	27	but less than $2,500; or
28	28	(B) the actor causes in whole or in part
29	29	impairment or interruption of any public water supply, or causes to
30	30	be diverted in whole, in part, or in any manner, including
31	31	installation or removal of any device for any such purpose, any
32	32	public water supply, regardless of the amount of the pecuniary
33	33	loss;
34	34	(4) a state jail felony if the amount of pecuniary loss
35	35	is:
36	36	(A) $2,500 or more but less than $30,000;
37	37	(B) except as provided in Subdivision (6)(B),
38	38	less than $2,500, if the property damaged or destroyed is a
39	39	habitation and if the damage or destruction is caused by a firearm
40	40	or explosive weapon;
41	41	(C) less than $2,500, if the property was a fence
42	42	used for the production or containment of:
43	43	(i) cattle, bison, horses, sheep, swine,
44	44	goats, exotic livestock, or exotic poultry; or
45	45	(ii) game animals as that term is defined by
46	46	Section 63.001, Parks and Wildlife Code;
47	47	(D) less than $30,000 and the actor:
48	48	(i) causes wholly or partly impairment or
49	49	interruption of property used for flood control purposes or a dam or
50	50	of public communications, public transportation, public gas
51	51	supply, or other public service; or
52	52	(ii) causes to be diverted wholly, partly,
53	53	or in any manner, including installation or removal of any device
54	54	for any such purpose, any public communications or public gas
55	55	supply; or
56	56	(E) less than $30,000, if the property is a motor
57	57	vehicle that is damaged, destroyed, or tampered with during the
58	58	removal or attempted removal of a catalytic converter from the
59	59	motor vehicle;
60	60	(5) a felony of the third degree if:
61	61	(A) the amount of the pecuniary loss is $30,000
62	62	or more but less than $150,000;
63	63	(B) the actor, by discharging a firearm or other
64	64	weapon or by any other means, causes the death of one or more head of
65	65	cattle or bison or one or more horses;
66	66	(C) the actor causes wholly or partly impairment
67	67	or interruption of access to an automated teller machine,
68	68	regardless of the amount of the pecuniary loss; or
69	69	(D) the amount of pecuniary loss is less than
70	70	$150,000 and the actor:
71	71	(i) causes wholly or partly impairment or
72	72	interruption of property used for public power supply; or
73	73	(ii) causes to be diverted wholly, partly,
74	74	or in any manner, including installation or removal of any device
75	75	for any such purpose, any public power supply;
76	76	(6) a felony of the second degree if the amount of
77	77	pecuniary loss is:
78	78	(A) $150,000 or more but less than $300,000; or
79	79	(B) $1,000 or more but less than $300,000, if:
80	80	(i) the property damaged or destroyed is a
81	81	habitation; and
82	82	(ii) it is shown on the trial of the offense
83	83	that the actor committed the offense in the course of committing an
84	84	offense under Section 30.05; or
85	85	(7) a felony of the first degree if the amount of
86	86	pecuniary loss is $300,000 or more.
87	87	SECTION 2. Section 30.05(b)(2), Penal Code, is amended to
88	88	read as follows:
89	89	(2) "Notice" means:
90	90	(A) oral or written communication by the owner or
91	91	someone with apparent authority to act for the owner;
92	92	(B) fencing or other enclosure obviously
93	93	designed to exclude intruders or to contain livestock;
94	94	(C) a sign or signs posted on the property or at
95	95	the entrance to the building, reasonably likely to come to the
96	96	attention of intruders, indicating that entry is forbidden;
97	97	(D) the placement of identifying purple paint
98	98	marks on trees or posts on the property, provided that the marks
99	99	are:
100	100	(i) vertical lines of not less than eight
101	101	inches in length and not less than one inch in width;
102	102	(ii) placed so that the bottom of the mark
103	103	is not less than three feet from the ground or more than five feet
104	104	from the ground; and
105	105	(iii) placed at locations that are readily
106	106	visible to any person approaching the property and no more than:
107	107	(a) 100 feet apart on forest land; or
108	108	(b) 1,000 feet apart on land other
109	109	than forest land; [or]
110	110	(E) the visible presence on the property of a
111	111	crop grown for human consumption that is under cultivation, in the
112	112	process of being harvested, or marketable if harvested at the time
113	113	of entry; or
114	114	(F) oral or written communication by a sheriff or
115	115	constable while serving a notice to immediately vacate under
116	116	Section 24B.003, Property Code.
117	117	SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended
118	118	by adding Sections 32.56 and 32.57 to read as follows:
119	119	Sec. 32.56. FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT
120	120	CONVEYING REAL PROPERTY INTEREST. (a) A person commits an offense
121	121	if, with intent to enter or remain on real property, the person
122	122	knowingly presents to another person a false, fraudulent, or
123	123	fictitious document purporting to be a lease agreement, deed, or
124	124	other instrument conveying real property or an interest in real
125	125	property.
126	126	(b) An offense under this section is a Class A misdemeanor.
127	127	(c) If conduct that constitutes an offense under this
128	128	section also constitutes an offense under any other law, the actor
129	129	may be prosecuted under this section or the other law, but not both.
130	130	Sec. 32.57. FRAUDULENT SALE, RENTAL, OR LEASE OF
131	131	RESIDENTIAL REAL PROPERTY. (a) A person commits an offense if the
132	132	person knowingly:
133	133	(1) lists or advertises for sale, rent, or lease
134	134	residential real property while knowing that the person offering to
135	135	sell, rent, or lease the property does not have legal title or
136	136	authority to sell, rent, or lease the property; or
137	137	(2) sells, rents, or leases to another person
138	138	residential real property to which the person does not have legal
139	139	title or authority to sell, rent, or lease.
140	140	(b) An offense under this section is a felony of the first
141	141	degree.
142	142	(c) If conduct that constitutes an offense under this
143	143	section also constitutes an offense under any other law, the actor
144	144	may be prosecuted under this section or the other law, but not both.
145	145	SECTION 4. Title 4, Property Code, is amended by adding
146	146	Chapter 24B to read as follows:
147	147	CHAPTER 24B. REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL
148	148	PROPERTY
149	149	Sec. 24B.001. RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED
150	150	OCCUPANT OF DWELLING BY SHERIFF OR CONSTABLE. Notwithstanding any
151	151	other law, an owner of residential real property or the owner's
152	152	agent may request that the sheriff or constable of the county in
153	153	which the property is located immediately remove a person who
154	154	unlawfully entered and is occupying a dwelling on the property
155	155	without the owner's consent if:
156	156	(1) the property:
157	157	(A) was not open to the public when the person
158	158	entered the property; and
159	159	(B) is not the subject of pending litigation
160	160	between the owner and the person;
161	161	(2) the owner or the owner's agent has directed the
162	162	person to leave the property and the person has not done so; and
163	163	(3) the person is not:
164	164	(A) a current or former tenant of the owner under
165	165	an oral or written lease; or
166	166	(B) an immediate family member of the owner.
167	167	Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED
168	168	OCCUPANT. (a) A property owner or the owner's agent may request
169	169	the removal of a person under Section 24B.001 by submitting to the
170	170	sheriff or constable of the county in which the property is located
171	171	a complaint in substantially the following form that complies with
172	172	Subsection (b):
173	173	COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING
174	174	WITHOUT OWNER'S CONSENT
175	175	I, _____ (name of complainant), declare under the penalty of
176	176	perjury that:
177	177	(Complete each item as applicable and initial each item.)
178	178	___ 1. I am the owner of residential real property
179	179	located at ______(property address) or the agent of the owner.
180	180	___ 2. A person unlawfully entered and occupies a
181	181	dwelling on the property without the owner's consent.
182	182	___ 3. The property was not open to the public when the
183	183	person entered the property.
184	184	___ 4. The property is not the subject of pending
185	185	litigation between the owner and the person.
186	186	___ 5. The owner or the owner's agent has directed the
187	187	person to leave the property and the person has not done so.
188	188	___ 6. The person is not a current or former tenant of
189	189	the owner under an oral or written lease and any lease produced by
190	190	the person is fraudulent.
191	191	___ 7. The person is not an owner or co-owner of the
192	192	property and any title to the property that lists the person as an
193	193	owner or co-owner is fraudulent.
194	194	___ 8. The person is not an immediate family member of
195	195	the owner.
196	196	___ 9. I understand that a person removed from the
197	197	property as a result of this complaint may bring an action against
198	198	me for any false statement made in the complaint or for wrongfully
199	199	submitting the complaint.
200	200	___ 10. I understand that I may be held liable for
201	201	actual damages, exemplary damages, court costs, and reasonable
202	202	attorney's fees in an action described by Item 9.
203	203	___ 11. I am requesting that the (sheriff) (constable)
204	204	immediately remove each person occupying the dwelling without the
205	205	owner's consent.
206	206	___ 12. A copy of my valid government-issued
207	207	identification is attached and, if I am the owner's agent, a
208	208	document evidencing my authority to act on the property owner's
209	209	behalf is attached.
210	210	I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH
211	211	STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT
212	212	MADE IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY,
213	213	PUNISHABLE UNDER SECTION 37.02, PENAL CODE.
214	214	____________(signature of complainant)
215	215	(b) A complaint submitted under this section must be made
216	216	under oath or made as an unsworn declaration under Section 132.001,
217	217	Civil Practice and Remedies Code.
218	218	(c) All information submitted as part of a complaint under
219	219	this section shall be presumed valid and accurate.
220	220	Sec. 24B.003. VERIFICATION OF COMPLAINT; SERVICE OF NOTICE
221	221	TO IMMEDIATELY VACATE. (a) A sheriff or constable who receives a
222	222	complaint under Section 24B.002 shall verify that the complainant
223	223	is:
224	224	(1) the record owner of the property that is the
225	225	subject of the complaint or the owner's agent; and
226	226	(2) otherwise entitled to the relief sought in the
227	227	complaint.
228	228	(b) During the verification of a complaint under Subsection
229	229	(a), the person occupying the dwelling has the burden to prove the
230	230	owner or the owner's agent is not entitled to the relief sought in
231	231	the complaint.
232	232	(c) On verifying the complaint under Subsection (a), the
233	233	sheriff or constable shall without delay:
234	234	(1) serve notice to immediately vacate on the person
235	235	occupying the dwelling without the owner's consent; and
236	236	(2) put the owner in possession of the dwelling.
237	237	(d) Service of notice to immediately vacate may be
238	238	accomplished by:
239	239	(1) hand delivery to an occupant of the dwelling; or
240	240	(2) affixing the notice to the front door or entrance
241	241	of the dwelling.
242	242	(e) A sheriff or constable serving notice to immediately
243	243	vacate under this section shall:
244	244	(1) attempt to verify the identity of each person
245	245	occupying the dwelling and note each identity on the return of
246	246	service; and
247	247	(2) use all available resources to determine whether
248	248	each person occupying the dwelling is lawfully present in the
249	249	United States and report to appropriate federal authorities the
250	250	identity of any person not lawfully present.
251	251	(f) A sheriff or constable serving notice to immediately
252	252	vacate under this section may arrest any person found in the
253	253	dwelling for an outstanding warrant or for trespass or any other
254	254	offense for which probable cause exists.
255	255	(g) A sheriff or constable serving notice to immediately
256	256	vacate under this section shall inform each person vacating the
257	257	property that the person will be trespassing if the person returns
258	258	to the property after vacating.
259	259	(h) After the service of notice to immediately vacate by the
260	260	sheriff or constable under Subsection (c), the property owner or
261	261	owner's agent may request that the sheriff or constable remain on
262	262	the property to keep the peace while the owner or owner's agent:
263	263	(1) changes any locks; and
264	264	(2) removes any personal property of an occupant from
265	265	the dwelling and places the personal property at or near the
266	266	property line of the owner's property.
267	267	Sec. 24B.004. LIABILITY. (a) A sheriff or constable is not
268	268	liable to an unauthorized occupant or any other person for loss or
269	269	destruction of or damage to property resulting from the removal of a
270	270	person or property under this chapter.
271	271	(b) Subject to Section 24B.005, a property owner or the
272	272	owner's agent is not liable to any person for loss or destruction of
273	273	or damage to personal property resulting from the removal of the
274	274	personal property from the owner's property under this chapter.
275	275	Sec. 24B.005. ACTION FOR WRONGFUL REMOVAL. (a) A person
276	276	who is wrongfully removed, or whose personal property is wrongfully
277	277	removed, from a dwelling or other real property under this chapter
278	278	may bring an action under this section to:
279	279	(1) recover possession of the real property; and
280	280	(2) recover from the person who requested the wrongful
281	281	removal:
282	282	(A) actual damages;
283	283	(B) exemplary damages equal to three times the
284	284	fair market rent of the dwelling;
285	285	(C) court costs; and
286	286	(D) reasonable attorney's fees.
287	287	(b) The court shall set an action brought under this section
288	288	for hearing at the earliest practicable date to expedite the
289	289	action.
290	290	Sec. 24B.006. NONEXCLUSIVITY. This chapter does not limit:
291	291	(1) the rights of a property owner; or
292	292	(2) the authority of a law enforcement officer to
293	293	arrest an unauthorized occupant of a dwelling for trespassing,
294	294	vandalism, theft, or another offense.
295	295	SECTION 5. Section 28.03, Penal Code, as amended by this
296	296	Act, applies only to an offense committed on or after the effective
297	297	date of this Act. An offense committed before the effective date of
298	298	this Act is governed by the law in effect on the date the offense was
299	299	committed, and the former law is continued in effect for that
300	300	purpose. For purposes of this section, an offense was committed
301	301	before the effective date of this Act if any element of the offense
302	302	occurred before that date.
303	303	SECTION 6. This Act takes effect July 1, 2025, if this Act
304	304	receives a vote of two-thirds of all the members elected to each
305	305	house, as provided by Section 39, Article III, Texas Constitution.
306	306	If this Act does not receive the vote necessary to take effect on
307	307	that date, this Act takes effect September 1, 2025.