The Texas Home Ownership Protection and Enforcement Act aims to combat unauthorized entry and occupancy of real property, as well as the improper sale, rental, or lease of such properties. The bill introduces new criminal offenses, including presenting false documents 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 establishes a fee structure for sheriffs involved in the removal of unauthorized occupants.

Additionally, the bill outlines a process for property owners or their agents to request the immediate removal of unauthorized occupants by the sheriff, with specific conditions that must be met. It clarifies that the rights of property owners and the authority of law enforcement to arrest unauthorized occupants for offenses like trespassing and vandalism are not limited by this chapter. The amendments to Section 28.03 of the Penal Code will only apply to offenses committed on or after the effective date of the Act, September 1, 2025, ensuring that individuals are not retroactively penalized for actions taken before this date.

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