H.B. No. 1076 seeks to enhance the legal framework surrounding unauthorized entry and occupancy of real property in Texas by introducing new criminal offenses and increasing penalties for related crimes. The bill amends Section 28.03 of the Penal Code, creating new classifications of misdemeanors and felonies based on the financial impact of property damage. It establishes a Class A misdemeanor for presenting false documents related to real property and a first-degree felony for fraudulent transactions involving residential real estate. Additionally, the bill allows law enforcement to remove unauthorized occupants from residential properties under specific conditions.
Furthermore, the bill introduces a new chapter in the Property Code that details the process for property owners to request the removal of unauthorized occupants through the sheriff's office. This process mandates that the owner or their agent submit a verified complaint to the sheriff, who is entitled to a fee for their services. The bill also clarifies the liability of both the sheriff and property owners in these removal situations. Importantly, the new provisions will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025, ensuring that prior offenses are governed by existing law.
Statutes affected: Introduced: Penal Code 28.03 (Penal Code 28)