Ashby Bill Makes Unauthorized Occupancy A State Jail Felony

The text as introduced · 748 words

89R9133 PRL-D

By: Ashby
H.B. No. 4031

A BILL TO BE ENTITLED

AN ACT

relating to the unauthorized occupancy of real property, including

the removal of certain unauthorized occupants; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 30, Penal Code, is amended by adding

Section 30.08 to read as follows:

Sec. 30.08. SQUATTING. (a) A person commits an offense if

the person:

(1) occupies the property of another without the

effective consent of the owner or other person authorized by a lease

or other agreement to occupy the property; and

(2) knows or reasonably should know that the person

does not have the effective consent of the owner or other person

authorized by a lease or other agreement to occupy the property.

(b) An offense under this section is a state jail felony.

(c) If conduct that constitutes an offense under this

section also constitutes an offense under another law, the actor

may be prosecuted under this section or the other law, but not both.

SECTION 2. 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, the owner's agent, or a person

authorized by a lease or other agreement to occupy the property 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 consent of the

owner or the person authorized by a lease or other agreement to

occupy the property.

Sec. 24B.002. COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED

OCCUPANT. (a) A person entitled to request the removal of a person

under Section 24B.001 may make the request by submitting to the

sheriff of the county in which the property is located a written

complaint that complies with Subsection (b) and includes a

statement that:

(1) the complainant is entitled to possession of the

property;

(2) a person occupies a dwelling on the property

without the complainant's consent;

(3) the complainant has directed the person to leave

the property and the person has not done so; and

(4) the complainant is requesting that the sheriff

remove each person occupying the dwelling without the complainant's

consent.

(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. NOTICE OF COMPLAINT; OCCUPANT RESPONSE. (a)

A sheriff who receives a complaint under Section 24B.002 shall make

contact with the person occupying the dwelling and serve on the

person in a manner described by Section 24B.004(b) written notice

of the complaint and at least one method by which the person may

provide evidence to the sheriff under Subsection (b).

(b) Not later than the third day after the date that the

notice is received under Subsection (a), the person occupying the

dwelling may provide to the sheriff evidence that the complainant

is not entitled to the relief sought in the complaint.

(c) If the person occupying the dwelling provides evidence,

including a properly executed lease or rental agreement or proof of

rental payments, to the sheriff under Subsection (b) that the

sheriff finds sufficient to raise a question of fact regarding the

complainant's right to relief, the sheriff shall provide notice to

the complainant that the complainant is not entitled to relief

under this chapter.

Sec. 24B.004. SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a)

If evidence described by Section 24B.003(c) is not provided to the

sheriff in the time provided by Section 24B.003(b), the sheriff

shall without delay:

(1) serve notice to immediately vacate on the person

occupying the dwelling without the consent of the owner or the

person authorized by a lease or other agreement to occupy the

property, as applicable;

(2) arrest the person occupying the dwelling for an

offense under Section 30.08, Penal Code; and

(3) put the owner or the person authorized by a lease

or other agreement to occupy the property, as applicable, in

possession of the dwelling.

(b) 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.

SECTION 3. This Act takes effect September 1, 2025.