H.B. No. 4223 seeks to combat unauthorized entry and occupancy of real property in Texas by introducing new criminal offenses and enhancing 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, detailing the process for property owners to request the immediate removal of unauthorized occupants by the sheriff. This chapter includes procedures for verifying complaints, serving notices to vacate, and outlines the liability of sheriffs and property owners in wrongful removal cases. Sheriffs are permitted to charge a fee for their services in these removals, creating a structured legal framework to address unauthorized occupancy while safeguarding property owners' rights. The Act is set to take effect on September 1, 2025, ensuring that offenses committed before this date will be governed by the existing law.

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