HB3003 - Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling; creating criminal offenses; increasing a criminal penalty; authorizing a fee.

  89R1796 PRL/MEW-D     By: Leach H.B. No. 3003       A BILL TO BE ENTITLED   AN ACT   relating to the unauthorized entry, occupancy, sale, rental, lease,   advertisement for sale, rental, or lease, or conveyance of real   property, including the removal of certain unauthorized occupants   of a dwelling; creating criminal offenses; increasing a criminal   penalty; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 28.03(b), Penal Code, is amended to read   as follows:          (b)  Except as provided by Subsections (f) and (h), an   offense under this section is:                (1)  a Class C misdemeanor if:                      (A)  the amount of pecuniary loss is less than   $100; or                      (B)  except as provided in Subdivision (3)(A) or   (3)(B), it causes substantial inconvenience to others;                (2)  a Class B misdemeanor if the amount of pecuniary   loss is $100 or more but less than $750;                (3)  a Class A misdemeanor if:                      (A)  the amount of pecuniary loss is $750 or more   but less than $2,500; or                      (B)  the actor causes in whole or in part   impairment or interruption of any public water supply, or causes to   be diverted in whole, in part, or in any manner, including   installation or removal of any device for any such purpose, any   public water supply, regardless of the amount of the pecuniary   loss;                (4)  a state jail felony if the amount of pecuniary loss   is:                      (A)  $2,500 or more but less than $30,000;                      (B)   except as provided in Subdivision (6)(B),   less than $2,500, if the property damaged or destroyed is a   habitation and if the damage or destruction is caused by a firearm   or explosive weapon;                      (C)  less than $2,500, if the property was a fence   used for the production or containment of:                            (i)  cattle, bison, horses, sheep, swine,   goats, exotic livestock, or exotic poultry; or                            (ii)  game animals as that term is defined by   Section 63.001, Parks and Wildlife Code;                      (D)  less than $30,000 and the actor:                            (i)  causes wholly or partly impairment or   interruption of property used for flood control purposes or a dam or   of public communications, public transportation, public gas   supply, or other public service; or                            (ii)  causes to be diverted wholly, partly,   or in any manner, including installation or removal of any device   for any such purpose, any public communications or public gas   supply; or                      (E)  less than $30,000, if the property is a motor   vehicle that is damaged, destroyed, or tampered with during the   removal or attempted removal of a catalytic converter from the   motor vehicle;                (5)  a felony of the third degree if:                      (A)  the amount of the pecuniary loss is $30,000   or more but less than $150,000;                      (B)  the actor, by discharging a firearm or other   weapon or by any other means, causes the death of one or more head of   cattle or bison or one or more horses;                      (C)  the actor causes wholly or partly impairment   or interruption of access to an automated teller machine,   regardless of the amount of the pecuniary loss; or                      (D)  the amount of pecuniary loss is less than   $150,000 and the actor:                            (i)  causes wholly or partly impairment or   interruption of property used for public power supply; or                            (ii)  causes to be diverted wholly, partly,   or in any manner, including installation or removal of any device   for any such purpose, any public power supply;                (6)  a felony of the second degree if the amount of   pecuniary loss is :                       (A)   $150,000 or more but less than $300,000; or                       (B)  $1,000 or more but less than $300,000, if:                             (i)     the property damaged or destroyed is a   habitation; and                             (ii)     it is shown on the trial of the offense   that the actor committed the offense in the course of committing an   offense under Section 30.05; or                (7)  a felony of the first degree if the amount of   pecuniary loss is $300,000 or more.          SECTION 2.  Subchapter D, Chapter 32, Penal Code, is amended   by adding Sections 32.56 and 32.57 to read as follows:           Sec.   32.56.     FALSE, FRAUDULENT, OR FICTITIOUS DOCUMENT   CONVEYING REAL PROPERTY INTEREST.   (a)   A person commits an offense   if, with intent to enter or remain on real property, the person   knowingly presents to another person a false, fraudulent, or   fictitious document purporting to be a lease agreement, deed, or   other instrument conveying real property or an interest in real   property.           (b)  An offense under this section is a Class A misdemeanor.           (c)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law, but not both.           Sec.   32.57.     FRAUDULENT SALE, RENTAL, OR LEASE OF   RESIDENTIAL REAL PROPERTY.   (a)   A person commits an offense if the   person knowingly:                 (1)     lists or advertises for sale, rent, or lease   residential real property while knowing that the person offering to   sell, rent, or lease the property does not have legal title or   authority to sell, rent, or lease the property; or                 (2)     sells, rents, or leases to another person   residential real property to which the person does not have legal   title or authority to sell, rent, or lease.           (b)     An offense under this section is a felony of the first   degree.           (c)     If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law, but not both.          SECTION 3.  Title 4, Property Code, is amended by adding   Chapter 24B to read as follows:   CHAPTER 24B.   REMOVAL OF CERTAIN UNAUTHORIZED OCCUPANTS OF REAL   PROPERTY           Sec.   24B.001.     RIGHT TO REQUEST REMOVAL OF UNAUTHORIZED   OCCUPANT OF DWELLING BY SHERIFF. Notwithstanding any other law, an   owner of residential real property or the owner's agent may request   that the sheriff of the county in which the property is located   immediately remove a person who unlawfully entered and is occupying   a dwelling on the property without the owner's consent if:                 (1)  the property:                       (A)     was not open to the public when the person   entered the property; and                       (B)     is not the subject of pending litigation   between the owner and the person;                 (2)     the owner or the owner's agent has directed the   person to leave the property and the person has not done so; and                 (3)  the person is not:                       (A)     a current or former tenant of the owner under   an oral or written lease; or                       (B)  an immediate family member of the owner.           Sec.   24B.002.     COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED   OCCUPANT. (a)   A property owner or the owner's agent may request   the removal of a person under Section 24B.001 by submitting to the   sheriff of the county in which the property is located a complaint   in substantially the following form that complies with Subsection   (b):   COMPLAINT TO REMOVE PERSON OCCUPYING DWELLING   WITHOUT OWNER'S CONSENT           I, _____ (name of complainant), declare under the penalty of   perjury that:           (Complete each item as applicable and initial each item.)                 ___ 1.   I am the owner of residential real property   located at ______(property address) or the agent of the owner.                 ___ 2.   A person unlawfully entered and occupies a   dwelling on the property without the owner's consent.                 ___ 3.   The property was not open to the public when the   person entered the property.                 ___ 4.   The property is not the subject of pending   litigation between the owner and the person.                 ___ 5.   The owner or the owner's agent has directed the   person to leave the property and the person has not done so.                 ___ 6.   The person is not a current or former tenant of   the owner under an oral or written lease and any lease produced by   the person is fraudulent.                 ___ 7.   The person is not an owner or co-owner of the   property and any title to the property that lists the person as an   owner or co-owner is fraudulent.                 ___ 8. &#x [Text truncated for display. 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