S.B. No. 1995 is a legislative bill designed to combat unauthorized entry and occupancy of real property in Texas by introducing new criminal offenses related to the unauthorized sale, rental, lease, or advertisement of real estate. The bill amends Section 28.03 of the Penal Code to increase penalties for property damage and establishes new sections that define offenses involving fraudulent documents and unauthorized real estate transactions. It also creates a framework for property owners to request the immediate removal of unauthorized occupants by law enforcement under specific conditions, while outlining the process for filing complaints and ensuring that law enforcement can assist in maintaining peace during removals.
Additionally, the bill includes provisions that protect property owners and law enforcement from liability when removing personal property from premises, stating that they are not liable for any loss or damage resulting from such actions. It establishes a new section, 24B.005, allowing individuals wrongfully removed from a dwelling to pursue legal action for recovery of possession and damages. The bill clarifies that it does not limit the rights of property owners or law enforcement to arrest unauthorized occupants for various offenses. The provisions will take effect on July 1, 2025, contingent upon a two-thirds vote from both houses, or on September 1, 2025, if the vote is not achieved.
Statutes affected: Introduced: Penal Code 28.03, Penal Code 30.05 (Penal Code 28, Penal Code 30)