H.B. No. 414 addresses unauthorized entry and occupancy of real property, introducing new criminal offenses related to fraudulent property transactions. The bill establishes two specific offenses: presenting a false document to gain access to real property, classified as a Class A misdemeanor, and engaging in fraudulent sales or rentals of residential real property, classified as a felony of the first degree. It also amends existing laws to increase penalties for property damage and introduces a fee structure for sheriffs involved in the removal of unauthorized occupants.
Additionally, the bill creates a new chapter in the Property Code that outlines the process for property owners to request the immediate removal of unauthorized occupants by law enforcement, detailing the conditions under which sheriffs can act. It provides protections for property owners and law enforcement against liability while allowing individuals wrongfully removed from a property to seek legal recourse. The bill amends Section 28.03 of the Penal Code to clarify that the new provisions apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025, ensuring a clear transition period for compliance with the new law.
Statutes affected: Introduced: Penal Code 28.03 (Penal Code 28)