Texas Senate Bill SB465

Texas 2025 - 89th Regular

• Filed: 11/22/24

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 will significantly amend current statutes related to property law, providing property owners and law enforcement with clearer pathways to address and remove unauthorized occupants from homes. By enabling more immediate removal of such occupants with legal backing, it strengthens property owners' rights against unlawful entries, thereby supporting overall property management and law enforcement efforts. This could potentially expedite the eviction process, reducing burdens caused by illegal occupancy. Furthermore, the measures outlined within SB465 aim to align criminal sanctions with the realities of the risks faced by homeowners in housing markets frequented by opportunistic fraudsters.

Summary

SB465 aims to address unauthorized entry and occupancy of residential real property within the state of Texas. The bill introduces new criminal offenses relating to the misuse of rental and conveyance documents, including the creation of penalties for fraudulent advertising, sale, lease, or rental of homes without legal authority. It specifies various classes of misdemeanors and felonies based on the pecuniary loss incurred, ensuring that perpetrators face appropriate legal repercussions based on the severity of their actions. This is intended to protect legitimate property interests and deter fraudulent activities in real estate transactions.

Contention

Critics of SB465 may argue that while the legislation intends to expedite removal of unauthorized occupants, it could inadvertently facilitate wrongful evictions if not carefully monitored. The provisions allowing sheriffs to remove occupants based solely on property owners' complaints could raise concerns related to due process. Moreover, the penalties attached for fraudulent dealings could disproportionately impact vulnerable populations if they lack proper legal representation or if their tenancy is disputable, creating a contentious environment surrounding landlord-tenant relationships. The discussion in future legislative sessions may focus on balancing property rights with protections for individuals who might face wrongful accusations in these scenarios.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
  • Section: 03

• Chapter 32. Fraud
  • Section: New Section