H.B. No. 2105 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 for 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 state jail felony for fraudulent transactions involving residential real estate. Additionally, the bill introduces 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.

The legislation outlines the complaint process for property owners seeking the removal of unauthorized occupants, including verification steps for the sheriff, who is entitled to a fee for executing the removal. It also provides liability protections for both the sheriff and property owners against claims arising from the removal process, while allowing individuals wrongfully removed from a property to pursue legal recourse for damages. 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 the existing law at the time they occurred. Overall, H.B. No. 2105 aims to strengthen property rights and streamline the process for addressing unauthorized occupancy in Texas.

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