H.B. No. 3274 addresses unauthorized entry and occupancy of real property by introducing new criminal offenses related to the presentation of false documents in property transactions and the fraudulent sale, rental, or lease of residential real estate. The bill establishes penalties for these offenses, categorizing the presentation of false documents as a Class A misdemeanor and fraudulent property transactions as a state jail felony. Additionally, it amends the Penal Code to increase penalties for property damage based on the pecuniary loss incurred, particularly in cases involving habitation or damage caused by firearms or explosives.

The bill also creates a new chapter in the Property Code that enables property owners or their agents to request the immediate removal of unauthorized occupants by the sheriff under specific conditions, such as when the property is not open to the public and the occupant is neither a current or former tenant nor an immediate family member. The sheriff is authorized to serve notice to vacate and may charge a fee for their services, while also providing liability protections for sheriffs and property owners during the removal process. The Act is set to take effect on September 1, 2025, ensuring that offenses committed before this date will be governed by existing law, thereby preventing retroactive application of the new legal standards.

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