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TX HB414

TX HB414
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.


summary

Introduced
11/12/2024
In Committee
02/28/2025
Crossed Over
Passed
Dead
06/02/2025

Introduced Session

89th Legislature Regular Session

Bill Summary

AN ACT 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.

AI Summary

This bill introduces several key provisions addressing unauthorized property occupation and fraudulent real estate activities in Texas. It modifies the Penal Code to create new criminal offenses related to illegal property entry and fraudulent property transactions. Specifically, the bill establishes two new criminal offenses: first, making it a Class A misdemeanor to present false documents (like fake leases or deeds) with intent to enter or remain on a property, and second, making it a first-degree felony to fraudulently list, advertise, sell, rent, or lease residential property without legal title or authority. The bill also creates a new chapter in the Property Code that allows property owners to request sheriff assistance in removing unauthorized occupants under specific circumstances, such as when the property was not publicly accessible, the owner has directed the person to leave, and the occupant is not a tenant or family member. The removal process requires the property owner to submit a detailed complaint under penalty of perjury, and the sheriff must verify the complaint before serving a notice to vacate. The bill provides protections for property owners while also establishing potential liability for wrongful removals, allowing removed individuals to seek damages if they can prove the removal was unjustified. The new provisions aim to streamline the process of removing unauthorized occupants and prevent fraudulent property transactions, with the law set to take effect on September 1, 2025.

Committee Categories

Business and Industry

Sponsors (7)

Last Action

Referred to Trade, Workforce & Economic Development (on 02/28/2025)

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