H.B. No. 4540, introduced by Paul, seeks to combat unauthorized entry and occupancy of real property by establishing new criminal offenses related to fraudulent property transactions, such as presenting false documents for sales, rentals, or leases. The bill amends the Penal Code to classify offenses based on pecuniary loss and introduces new sections that specifically address these fraudulent activities. Additionally, it creates a new chapter in the Property Code that enables property owners or their agents to request the removal of unauthorized occupants through a formal process involving the sheriff and a justice court, with specific conditions outlined for such removals.

The bill also addresses liability issues by allowing sheriffs to charge a reasonable hourly rate for their presence during removal requests and protects both sheriffs and property owners from liability for any loss or damage resulting from these removals. It grants rights to individuals who are wrongfully removed, allowing them to seek damages, including actual damages and exemplary damages up to three times the fair market rent. Importantly, the bill clarifies that it does not limit the rights of property owners or law enforcement's authority to arrest unauthorized occupants. The provisions of this bill are set to take effect on September 1, 2025.

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