The Texas Home Ownership Protection and Enforcement Act aims to combat unauthorized entry and occupancy of real property, as well as fraudulent activities related to the sale, rental, or lease of residential real estate. The bill introduces new criminal offenses for presenting false documents in property transactions and enhances penalties for property crimes, particularly those involving unauthorized damage or destruction with firearms or explosives. The legislation amends the Penal Code to classify these offenses and establishes a range of penalties from misdemeanors to felonies based on the financial loss incurred.

Furthermore, the bill provides a mechanism for property owners to request the immediate removal of unauthorized occupants by law enforcement, detailing the conditions under which sheriffs can act on these requests. It also includes provisions to protect property owners and law enforcement from liability for damages resulting from such removals and allows individuals wrongfully removed to seek legal recourse. The bill clarifies that it does not limit the rights of property owners or law enforcement's authority to arrest unauthorized occupants for offenses like trespassing and vandalism. Additionally, it specifies that amendments to Section 28.03 of the Penal Code will apply only to offenses committed on or after the Act's effective date of September 1, 2025, ensuring that prior offenses are governed by the laws in effect at that time.

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