Bill > HB3274

This bill introduces significant legal changes related to unauthorized property occupation and real estate transactions in Texas. It modifies the Penal Code and Property Code to create new criminal offenses and provide property owners with expanded rights to remove unauthorized occupants. Specifically, the bill establishes two new criminal offenses: first, making it a Class A misdemeanor to present false or fraudulent documents to enter or remain on real property, and second, creating a state jail felony for fraudulently listing, advertising, selling, renting, or leasing residential real property without legal title or authority. The bill also adds a new chapter to the Property Code that allows property owners to request sheriff assistance in removing unauthorized occupants under specific circumstances, such as when the person entered the property without consent and is not a tenant, co-owner, or immediate family member. The new process requires property owners to submit a detailed complaint form under penalty of perjury, after which the sheriff can serve a notice to vacate and potentially remove the unauthorized occupant. The bill includes provisions protecting sheriffs and property owners from liability in most removal scenarios while also establishing a mechanism for individuals wrongfully removed to seek legal recourse, including potential damages and attorney's fees. These changes aim to provide clearer legal protections for property owners and create more explicit criminal penalties for property-related fraud.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3274