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 to classify offenses involving unauthorized entry, establishing a Class A misdemeanor for presenting false documents related to real property and a first-degree felony for fraudulent sales or rentals of residential real estate. Additionally, it creates a new chapter in the Property Code that empowers property owners or their agents to request the immediate removal of unauthorized occupants by the sheriff under specific conditions, such as the property not being open to the public and the occupant not being a tenant or family member.

The bill outlines a structured process for property owners to file complaints for the removal of unauthorized occupants, requiring the sheriff to verify the complaint and serve a notice to vacate. It also allows the sheriff to charge a fee for their services and provides liability protections for both the sheriff and property owners against claims arising from the removal process. Individuals wrongfully removed are granted the right to seek legal recourse for damages. The new provisions will apply only 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 the existing law at the time they occurred.

Statutes affected:
Introduced: Penal Code 28.03 (Penal Code 28)