H.B. No. 4223 seeks to enhance the legal framework surrounding unauthorized entry and occupancy of real property in Texas by introducing new criminal offenses and increasing penalties for related crimes. The bill amends Section 28.03 of the Penal Code to categorize various misdemeanors and felonies based on the financial loss incurred, particularly focusing on offenses that involve damage to habitations and public utilities. It also adds new sections (32.56 and 32.57) that make it illegal to present false documents in property transactions and to engage in the fraudulent sale, rental, or lease of residential real estate, with penalties ranging from Class A misdemeanors to state jail felonies.

Furthermore, the bill establishes a new Chapter 24B in the Property Code, which provides a structured process for property owners to request the immediate removal of unauthorized occupants by law enforcement. This includes verifying complaints, serving notices to vacate, and outlining the liability of sheriffs and property owners in wrongful removal cases. Sheriffs are permitted to charge fees for their services in these removals, ensuring a systematic approach to unauthorized occupancy while safeguarding property owners' rights. The Act is set to take effect on September 1, 2025, and specifies that the new provisions will only apply to offenses committed on or after this date, allowing for a transition period for individuals and law enforcement to adapt to the changes.

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