HB3273 - Relating to limitations on certain suits to recover real property held by another in adverse possession; the unauthorized sale, rental, lease, or advertisement for sale, rental, or lease of real property; and the removal of certain unauthorized occupants of a dwelling; creating a criminal offense; authorizing a fee.

  89R1009 PRL/MEW-D     By: Harris Davila H.B. No. 3273       A BILL TO BE ENTITLED   AN ACT   relating to limitations on certain suits to recover real property   held by another in adverse possession; the unauthorized sale,   rental, lease, or advertisement for sale, rental, or lease of real   property; and the removal of certain unauthorized occupants of a   dwelling; creating a criminal offense; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 16.022, Civil Practice and Remedies   Code, is amended by amending Subsection (a) and adding Subsection   (a-1) to read as follows:          (a)   Except as provided by Subsection (a-1), for  [ For ] the   purposes of this subchapter, a person is under a legal disability if   the person is:                (1)  younger than 18 years of age, regardless of   whether the person is married;                (2)  of unsound mind; or                (3)  serving in the United States Armed Forces during   time of war.           (a-1)     For purposes of a limitation imposed by Section   16.024, 16.025, 16.026, or 16.0265, a person is under a legal   disability if the person is:                 (1)  described by Subsection (a)(1) or (2);                 (2)     serving in the United States Armed Forces,   regardless of whether the service is during a time of war; or                 (3)     attending an institution of higher education or a   private or independent institution of higher education, as those   terms are defined by Section 61.003, Education Code.          SECTION 2.  Subchapter D, Chapter 32, Penal Code, is amended   by adding Section 32.57 to read as follows:           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.   The person is not an immediate family member of   the owner.                 ___ 9.   I understand that a person removed from the   property as a result of this complaint may bring an action against   me for any false statement made in the complaint or for wrongfully   submitting the complaint.                 ___ 10.   I understand that I may be held liable for   actual damages, exemplary damages, court costs, and reasonable   attorney's fees in an action described by Item 9.                 ___ 11. I am requesting that the sheriff immediately   remove each person occupying the dwelling without the owner's   consent.                 ___ 12.   A copy of my valid government-issued   identification is attached and, if I am the owner's agent, a   document evidencing my authority to act on the property owner's   behalf is attached.   I HAVE READ EACH STATEMENT IN THIS COMPLAINT AND CONFIRM EACH   STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT A STATEMENT MADE   IN THIS COMPLAINT IS MADE UNDER PENALTY OF PERJURY, PUNISHABLE   UNDER SECTION 37.02, PENAL CODE.                                   ____________(signature of complainant)           (b)     A complaint submitted under this section must be made   under oath or made as an unsworn declaration under Section 132.001,   Civil Practice and Remedies Code.           Sec.   24B.003.     VERIFICATION OF COMPLAINT; SERVICE OF NOTICE   TO IMMEDIATELY VACATE.   (a)   A sheriff who receives a complaint   under Section 24B.002 shall verify that the complainant is:                 (1)     the record owner of the property that is the   subject of the complaint or the owner's agent; and                 (2)     otherwise entitled to the relief sought in the   complaint.           (b)     On verifying the complaint under Subsection (a), the   sheriff shall without delay:                 (1)     serve notice to immediately vacate on the person   occupying the dwelling without the owner's consent; and                 (2)  put the owner in possession of the dwelling.           (c)     Service of notice to immediately vacate may be   accomplished by:                 (1)  hand delivery to an occupant of the dwelling; or                 (2)     affixing the notice to the front door or entrance   of the dwelling.           (d)     A sheriff serving notice to immediately vacate under   this section shall attempt to verify the identity of each person   occupying the dwelling and note each identity on the return of   service.           (e)     A sheriff serving notice to immediately vacate under   this section may arrest any person found in the dwelling for an   outstanding warrant or for trespass or any other offense for which   probable cause exists.           (f)     A sheriff who serves a notice to immediately vacate   under this section is entitled to receive from the complainant a fee   in an amount equal to the amount the sheriff would receive for   executing a writ of possession.           (g)     After the service of notice to immediately vacate by the   sheriff under Subsection (b), the property owner or owner's agent   may request that the sheriff remain on the property to keep the   peace while the owner or owner's agent:                 (1)  changes any locks; and                 (2)     removes any personal property of an occupant from   the dwelling and places the personal property at or near the   property line of the owner's property.           (h)     If a request described by Subsection (g) is made, the   sheriff may charge the person making the request a reasonable   hourly rate set by the sheriff for remaining on the property.           Sec.   24B.004.     LIABILITY. (a)   A sheriff is not liable to an   unauthorized occupant or any other person for loss or destruction   of or damage to property resulting from the removal of a person or   property under this chapter.           (b)     Subject to Section 24B.005, a property owner or the   owner's agent is not liable to any person for loss or destruction of   or damage to personal property resulting from the removal of the   personal property from the owner's property under this chapter.           Sec.   24B.005.     ACTION FOR WRONGFUL REMOVAL. (a)   A person   who is wrongfully removed, or whose personal property is wrongfully   removed, from a dwelling or other real property under this chapter   may bring an action under this section to:                 (1)  recover possession of the real property; and                 (2)     recover from the person who requested the wrongful   removal:       &# [Text truncated for display. Full text available on Congress.gov.]