S.B. No. 1995 aims to enhance property rights in Texas by addressing unauthorized entry and occupancy of real property through the introduction of new criminal offenses and increased penalties for related crimes. The bill amends Section 28.03 of the Penal Code to redefine misdemeanor and felony classifications based on the pecuniary loss associated with property damage. It also introduces provisions that classify offenses related to fraudulent conveyance of real property interests, such as presenting false documents or unauthorized sales, rentals, or leases of residential real estate, with penalties ranging from Class A misdemeanors to first-degree felonies.
Additionally, the bill establishes a new chapter in the Property Code that outlines the process for property owners to request the immediate removal of unauthorized occupants by law enforcement, detailing the conditions under which a sheriff or constable can act. It includes liability protections for property owners and law enforcement during the removal process and introduces new legal provisions regarding the liability of property owners for wrongful removal of personal property. The bill allows individuals wrongfully removed from a dwelling to take legal action for recovery of possession and damages. Importantly, it clarifies that the rights of property owners and law enforcement authority to arrest unauthorized occupants remain intact. The provisions will take effect on July 1, 2025, pending 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 30, Penal Code 28)