H.B. No. 3518 aims to enhance the legal framework surrounding unauthorized entry and occupancy of real property in Texas by establishing new criminal offenses and increasing penalties for related crimes. The bill amends Section 28.03(b) of the Penal Code to categorize misdemeanors and felonies based on the pecuniary loss associated with property damage. It introduces new offenses under Sections 32.56 and 32.57 for presenting false documents related to real property and for fraudulent transactions involving residential real estate, with penalties ranging from Class A misdemeanors to state jail felonies.

Additionally, the bill creates Chapter 24B in the Property Code, detailing the process for property owners to remove unauthorized occupants. This includes a formal complaint process verified by the sheriff and a nonjury trial to assess the complaint's legitimacy. If the court rules in favor of the property owner, the sheriff can remove the unauthorized occupant and restore possession, with the option to charge a fee for this service. The bill also outlines the rights of individuals wrongfully removed from a property, allowing them to seek recovery and damages, and emphasizes that it does not limit property owners' rights or law enforcement's authority to arrest unauthorized occupants. The provisions will take effect on September 1, 2025, applying only to offenses committed thereafter.

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