HB4299 - Relating to the unauthorized occupancy of real property, including the removal of certain unauthorized occupants; creating a criminal offense.

  89R9133 PRL-D     By: Shaheen H.B. No. 4299       A BILL TO BE ENTITLED   AN ACT   relating to the unauthorized occupancy of real property, including   the removal of certain unauthorized occupants; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 30, Penal Code, is amended by adding   Section 30.08 to read as follows:           Sec.   30.08.     SQUATTING. (a)   A person commits an offense if   the person:                 (1)     occupies the property of another without the   effective consent of the owner or other person authorized by a lease   or other agreement to occupy the property; and                 (2)     knows or reasonably should know that the person   does not have the effective consent of the owner or other person   authorized by a lease or other agreement to occupy the property.           (b)  An offense under this section is a state jail felony.           (c)     If conduct that constitutes an offense under this   section also constitutes an offense under another law, the actor   may be prosecuted under this section or the other law, but not both.          SECTION 2.  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, the owner's agent, or a person   authorized by a lease or other agreement to occupy the property 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 consent of the   owner or the person authorized by a lease or other agreement to   occupy the property.           Sec.   24B.002.     COMPLAINT TO REQUEST REMOVAL OF UNAUTHORIZED   OCCUPANT. (a)   A person entitled to request the removal of a person   under Section 24B.001 may make the request by submitting to the   sheriff of the county in which the property is located a written   complaint that complies with Subsection (b) and includes a   statement that:                 (1)     the complainant is entitled to possession of the   property;                 (2)     a person occupies a dwelling on the property   without the complainant's consent;                 (3)     the complainant has directed the person to leave   the property and the person has not done so; and                 (4)     the complainant is requesting that the sheriff   remove each person occupying the dwelling without the complainant's   consent.           (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.     NOTICE OF COMPLAINT; OCCUPANT RESPONSE.   (a)     A sheriff who receives a complaint under Section 24B.002 shall make   contact with the person occupying the dwelling and serve on the   person in a manner described by Section 24B.004(b) written notice   of the complaint and at least one method by which the person may   provide evidence to the sheriff under Subsection (b).           (b)     Not later than the third day after the date that the   notice is received under Subsection (a), the person occupying the   dwelling may provide to the sheriff evidence that the complainant   is not entitled to the relief sought in the complaint.             (c)     If the person occupying the dwelling provides evidence,   including a properly executed lease or rental agreement or proof of   rental payments, to the sheriff under Subsection (b) that the   sheriff finds sufficient to raise a question of fact regarding the   complainant's right to relief, the sheriff shall provide notice to   the complainant that the complainant is not entitled to relief   under this chapter.           Sec.   24B.004.     SERVICE OF NOTICE TO IMMEDIATELY VACATE.   (a)     If evidence described by Section 24B.003(c) is not provided to the   sheriff in the time provided by Section 24B.003(b), the sheriff   shall without delay:                 (1)     serve notice to immediately vacate on the person   occupying the dwelling without the consent of the owner or the   person authorized by a lease or other agreement to occupy the   property, as applicable;                 (2)     arrest the person occupying the dwelling for an   offense under Section 30.08, Penal Code; and                 (3)     put the owner or the person authorized by a lease   or other agreement to occupy the property, as applicable, in   possession of the dwelling.           (b)     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.          SECTION 3.  This Act takes effect September 1, 2025.