H.B. No. 4540, introduced by Paul, seeks to enhance the legal framework surrounding unauthorized entry and occupancy of real property in Texas. The bill establishes new criminal offenses for presenting false documents related to the leasing or selling of property and for engaging in fraudulent transactions concerning residential real estate. It also amends existing laws to increase penalties for property damage and introduces a streamlined process for property owners to request the removal of unauthorized occupants by law enforcement. This includes outlining the necessary documentation and timelines for hearings in justice courts, as well as specifying the conditions under which sheriffs can remove unauthorized occupants.

Additionally, the bill allows 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 also provides a legal recourse for individuals wrongfully removed from their property, allowing them to recover possession and claim 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 for various offenses. The provisions of this bill are set to take effect on September 1, 2025.

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