H.B. No. 3518 addresses unauthorized entry and occupancy of real property by establishing new criminal offenses and increasing penalties for related crimes. It amends Section 28.03(b) of the Penal Code to classify misdemeanors and felonies based on pecuniary loss associated with property damage. The bill introduces new classifications for offenses, including a Class A misdemeanor for presenting false documents related to real property and a state jail felony for fraudulent sales, rentals, or leases of residential real property. Additionally, it creates Chapter 24B in the Property Code, detailing the process for property owners to request the removal of unauthorized occupants, including submitting a complaint to the sheriff and the procedures for a justice court trial.

The bill also outlines the responsibilities and liabilities of sheriffs and property owners during property removal and eviction processes. It establishes that sheriffs serving a notice to vacate can charge a fee equivalent to executing a writ of possession and allows property owners to request the sheriff's presence during the removal of personal belongings, with the sheriff permitted to charge a reasonable hourly rate. Furthermore, individuals wrongfully removed from a property can bring an action to recover possession and seek damages, with courts mandated to expedite these cases. The bill emphasizes that it does not limit the rights of property owners or law enforcement in addressing unauthorized occupants and is set to take effect on September 1, 2025.

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