Paul Bill Shields Sheriffs And Owners From Property-Damage Claims

The text as introduced · 2,474 words

89R9556 PRL-D

By: Paul
H.B. No. 4540

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 Subsection (a)(1) is a Class A

misdemeanor. An offense under Subsection (a)(2) is a state jail

felony.

(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

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 real property is located and

filing with a justice court in the precinct in which the real

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 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. SERVICE OF NOTICE OF COMPLAINT. (a) A

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

immediately make contact with the person occupying the dwelling and

serve on the person in a manner described by Section 24B.005(b)

written notice informing the person of the complaint and the

opportunity to submit an affidavit 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 submit to the sheriff an affidavit asserting that the

complainant is not entitled to the relief sought in the complaint.

(c) If the person occupying the dwelling submits an

affidavit to the sheriff under Subsection (b), the sheriff shall

deliver the affidavit to the justice court with which the complaint

was filed under Section 24B.002. The affidavit shall be filed with

the justice court.

(d) An affidavit 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.004. HEARING. (a) A justice court with which a

complaint was filed under Section 24B.002 shall set a hearing to be

held not later than the fifth business day after the date notice of

the complaint is served under Section 24B.003 to determine whether

the complainant is entitled to relief under this chapter.

(b) Not later than the seventh day after the date of the

hearing, the justice court shall make a determination regarding

whether the complainant is entitled to relief under this chapter.

(c) If the justice court determines that the complainant is

entitled to relief under this chapter, the court shall order the

sheriff to put the owner in possession of the dwelling in accordance

with Section 24B.005.

(d) In a proceeding under this section, a prevailing

complainant may recover from the person occupying the dwelling the

fair market rent for the dwelling for the duration of the person's

occupancy, court costs, and any other appropriate relief.

Sec. 24B.005. SERVICE OF NOTICE TO IMMEDIATELY VACATE. (a)

If the justice court orders the sheriff to put the owner in

possession of the dwelling under Section 24B.004, 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.

(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.

(c) 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.

(d) 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.

(e) 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.

(f) After the service of notice to immediately vacate by the

sheriff under Subsection (a), 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.

(g) If a request described by Subsection (f) 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.006. 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.007, 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.007. 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.008. 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.