HB 3003 — 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

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.

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 1 section(s) of the Texas statutes: Section 28.03(b), Penal Code.

• Section 28.03(b), Penal Code

  except as provided in Subdivision (6)(B), : (A) (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

  amended

• 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.

  amended

• 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

  amended

Action History

1. March 20, 2025

   Referred to Trade, Workforce & Economic Development

2. March 20, 2025

   Read first time

3. February 19, 2025

   Filed

Sponsors

• Jay Dean · Cosponsor
• Jeff Leach · Primary
• Leo Wilson · Cosponsor

Subjects