89R1796 PRL/MEW-D     By: Isaac H.B. No. 4467       A BILL TO BE ENTITLED   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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 28.03(b), Penal Code, is amended to read   as follows:          (b)  Except as provided by Subsections (f) and (h), an   offense under this section is:                (1)  a Class C misdemeanor if:                      (A)  the amount of pecuniary loss is less than   $100; or                      (B)  except as provided in Subdivision (3)(A) or   (3)(B), it causes substantial inconvenience to others;                (2)  a Class B misdemeanor if the amount of pecuniary   loss is $100 or more but less than $750;                (3)  a Class A misdemeanor if:                      (A)  the amount of pecuniary loss is $750 or more   but less than $2,500; or                      (B)  the actor causes in whole or in part   impairment or interruption of any public water supply, or causes to   be diverted in whole, in part, or in any manner, including   installation or removal of any device for any such purpose, any   public water supply, regardless of the amount of the pecuniary   loss;                (4)  a state jail felony if the amount of pecuniary loss   is:                      (A)  $2,500 or more but less than $30,000;                      (B)  except as provided in Subdivision (6)(B),   less than $2,500, if the property damaged or destroyed is a   habitation and if the damage or destruction is caused by a firearm   or explosive weapon;                      (C)  less than $2,500, if the property was a fence   used for the production or containment of:                            (i)  cattle, bison, horses, sheep, swine,   goats, exotic livestock, or exotic poultry; or                            (ii)  game animals as that term is defined by   Section 63.001, Parks and Wildlife Code;                      (D)  less than $30,000 and the actor:                            (i)  causes wholly or partly impairment or   interruption of property used for flood control purposes or a dam or   of public communications, public transportation, public gas   supply, or other public service; or                            (ii)  causes to be diverted wholly, partly,   or in any manner, including installation or removal of any device   for any such purpose, any public communications or public gas   supply; or                      (E)  less than $30,000, if the property is a motor   vehicle that is damaged, destroyed, or tampered with during the   removal or attempted removal of a catalytic converter from the   motor vehicle;                (5)  a felony of the third degree if:                      (A)  the amount of the pecuniary loss is $30,000   or more but less than $150,000;                      (B)  the actor, by discharging a firearm or other   weapon or by any other means, causes the death of one or more head of   cattle or bison or one or more horses;                      (C)  the actor causes wholly or partly impairment   or interruption of access to an automated teller machine,   regardless of the amount of the pecuniary loss; or                      (D)  the amount of pecuniary loss is less than   $150,000 and the actor:                            (i)  causes wholly or partly impairment or   interruption of property used for public power supply; or                            (ii)  causes to be diverted wholly, partly,   or in any manner, including installation or removal of any device   for any such purpose, any public power supply;                (6)  a felony of the second degree if the amount of   pecuniary loss is:                      (A)  $150,000 or more but less than $300,000; or                      (B)  $1,000 or more but less than $300,000, if:                            (i)  the property damaged or destroyed is a   habitation; and                            (ii)  it is shown on the trial of the offense   that the actor committed the offense in the course of committing an   offense under Section 30.05; or                (7)  a felony of the first degree if the amount of   pecuniary loss is $300,000 or more.          SECTION 2.  Subchapter D, Chapter 32, Penal Code, is amended   by adding Sections 32.56 and 32.57 to read as follows:          Sec. 32.56.  FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT   CONVEYING REAL PROPERTY INTEREST.  (a)  A person commits an offense   if, with intent to enter or remain on real property, the person   knowingly presents to another person a false, fraudulent, or   fictitious document purporting to be a lease agreement, deed, or   other instrument conveying real property or an interest in real   property.          (b)  An offense under this section is a Class A misdemeanor.          (c)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law, but not both.          Sec. 32.57.  FRAUDULENT SALE, RENTAL, OR LEASE OF   RESIDENTIAL REAL PROPERTY.  (a)  A person commits an offense if the   person knowingly:                (1)  lists or advertises for sale, rent, or lease   residential real property while knowing that the person offering to   sell, rent, or lease the property does not have legal title or   authority to sell, rent, or lease the property; or                (2)  sells, rents, or leases to another person   residential real property to which the person does not have legal   title or authority to sell, rent, or lease.          (b)  An offense under this section is a felony of the first   degree.          (c)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law, but not both.          SECTION 3.  Title 4, Property Code, is amended by adding   Chapter 24B to read as follows:   CHAPTER 24B.  REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL   PROPERTY          Sec. 24B.001.  RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED   OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an   owner of residential real property or the owner's agent may request   that the sheriff of the county in which the property is located   immediately remove a person who unlawfully entered and is occupying   a dwelling on the property without the owner's consent if:                (1)  the property:                      (A)  was not open to the public when the person   entered the property; and                      (B)  is not the subject of pending litigation   between the owner and the person;                (2)  the owner or the owner's agent has directed the   person to leave the property and the person has not done so; and                (3)  the person is not:                      (A)  a current or former tenant of the owner under   an oral or written lease; or                      (B)  an immediate family member of the owner.          Sec. 24B.002.  COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED   OCCUPANT. (a)  A property owner or the owner's agent may request   the removal of a person under Section 24B.001 by submitting to the   sheriff of the county in which the property is located a complaint   in substantially the following form that complies with Subsection   (b):   COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING   WITHOUT OWNER'S CONSENT          I, _____ (name of complainant), declare under the penalty of   perjury that:          (Complete each item as applicable and initial each item.)                ___ 1.  I am the owner of residential real property   located at ______(property address) or the agent of the owner.                ___ 2.  A person unlawfully entered and occupies a   dwelling on the property without the owner's consent.                ___ 3.  The property was not open to the public when the   person entered the property.                ___ 4.  The property is not the subject of pending   litigation between the owner and the person.                ___ 5.  The owner or the owner's agent has directed the   person to leave the property and the person has not done so.                ___ 6.  The person is not a current or former tenant of   the owner under an oral or written lease and any lease produced by   the person is fraudulent.                ___ 7.  The person is not an owner or co-owner of the   property and any title to the property that lists the person as an   owner or co-owner is fraudulent.                ___ 8.  The person is not an immediate family member of   the owner.                ___ 9.  I understand that a person removed from the   property as a result of this complaint may bring an action against   me for any false statement made in the complaint or for wrongfully   submitting the complaint.                ___ 10.  I understand that I may be held liable for   actual damages, exemplary damages, court costs, and reasonable   attorney's fees in an action described by Item 9.                ___ 11. I am requesting that the sheriff immediately   remove each person occupying the dwelling without the owner's   consent.                ___ 12.  A copy of my valid government-issued   identification is attached and, if I am the owner's agent, a   document evidencing my authority to act on the property owner's   behalf is attached.   I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH   STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE   IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE   UNDER SECTION 37.02, PENAL CODE.                                  ____________(signature of complainant)          (b)  A complaint submitted under this section must be made   under oath or made as an unsworn declaration under Section 132.001,   Civil Practice and Remedies Code.          Sec. 24B.003.  VERIFICATION OF COMPLAINT; SERVICE OF NOTICE   TO IMMEDIATELY VACATE.  (a)  A sheriff who receives a complaint   under Section 24B.002 shall verify that the complainant is:                (1)  the record owner of the property that is the   subject of the complaint or the owner's agent; and                (2)  otherwise entitled to the relief sought in the   complaint.          (b)  On verifying the complaint under Subsection (a), the   sheriff shall without delay:                (1)  serve notice to immediately vacate on the person   occupying the dwelling without the owner's consent; and                (2)  put the owner in possession of the dwelling.          (c)  Service of notice to immediately vacate may be   accomplished by:                (1)  hand delivery to an occupant of the dwelling; or                (2)  affixing the notice to the front door or entrance   of the dwelling.          (d)  A sheriff serving notice to immediately vacate under   this section shall attempt to verify the identity of each person   occupying the dwelling and note each identity on the return of   service.          (e)  A sheriff serving notice to immediately vacate under   this section may arrest any person found in the dwelling for an   outstanding warrant or for trespass or any other offense for which   probable cause exists.          (f)  A sheriff who serves a notice to immediately vacate   under this section is entitled to receive from the complainant a fee   in an amount equal to the amount the sheriff would receive for   executing a writ of possession.          (g)  After the service of notice to immediately vacate by the   sheriff under Subsection (b), the property owner or owner's agent   may request that the sheriff remain on the property to keep the   peace while the owner or owner's agent:                (1)  changes any locks; and                (2)  removes any personal property of an occupant from   the dwelling and places the personal property at or near the   property line of the owner's property.          (h)  If a request described by Subsection (g) is made, the   sheriff may charge the person making the request a reasonable   hourly rate set by the sheriff for remaining on the property.          Sec. 24B.004.  LIABILITY. (a)  A sheriff is not liable to an   unauthorized occupant or any other person for loss or destruction   of or damage to property resulting from the removal of a person or   property under this chapter.          (b)  Subject to Section 24B.005, a property owner or the   owner's agent is not liable to any person for loss or destruction of   or damage to personal property resulting from the removal of the   personal property from the owner's property under this chapter.          Sec. 24B.005.  ACTION FOR WRONGFUL REMOVAL. (a)  A person   who is wrongfully removed, or whose personal property is wrongfully   removed, from a dwelling or other real property under this chapter   may bring an action under this section to:                (1)  recover possession of the real property; and                (2)  recover from the person who requested the wrongful   removal:                      (A)  actual damages;                      (B)  exemplary damages equal to three times the   fair market rent of the dwelling;                      (C)  court costs; and                      (D)  reasonable attorney's fees.          (b)  The court shall set an action brought under this section   for hearing at the earliest practicable date to expedite the   action.          Sec. 24B.006.  NONEXCLUSIVITY. This chapter does not limit:                (1)  the rights of a property owner; or                (2)  the authority of a law enforcement officer to   arrest an unauthorized occupant of a dwelling for trespassing,   vandalism, theft, or another offense.          SECTION 4.  Section 28.03, Penal Code, as amended by this   Act, applies only to an offense committed on or after the effective   date of this Act.  An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose.  For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 5.  This Act takes effect September 1, 2025.