TexasSB 133389th Legislature Regular SessionSenateWALLET

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.

Sponsored By: Bryan Hughes (Republican), Jeff Leach

Signed by Governor

Civil Remedies & LiabilitiesCrimes--Against PropertyLaw EnforcementProperty Interests--Real PropertyFRAUDSHERIFFS

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Faster occupant removal with owner fees

Beginning September 1, 2025, Texas residential property owners or agents can file a sworn complaint seeking immediate occupant removal. The occupant must have entered unlawfully, stayed without consent, and refused a direction to leave. The home cannot have been open to the public at entry, and no lawsuit about the property can be pending between them. Current or former tenants under oral or written leases and the owner's immediate family members are excluded. A sheriff or constable must verify ownership or agency status and eligibility, serve an immediate-vacate notice, and restore the owner's possession. Officers must identify occupants and may arrest people for outstanding warrants or offenses supported by probable cause. Owners can request officer presence while changing locks and placing belongings at or near the property line. The requester pays the writ-of-possession fee, plus a possible reasonable hourly charge for requested officer presence; the law sets no dollar amounts.

Higher penalties for trespass home damage

For offenses committed beginning September 1, 2025, damaging a home during criminal trespass is a second-degree felony when loss is at least $1,000 but less than $300,000. The law also organizes criminal-mischief penalties by dollar loss and specified harms. Loss below $100 generally falls under Class C; $100 to less than $750 is Class B. Loss of $750 to less than $2,500 is Class A; $2,500 to less than $30,000 is a state jail felony. Loss of $30,000 to less than $150,000 is a third-degree felony. Loss of $150,000 to less than $300,000 is a second-degree felony; $300,000 or more is a first-degree felony. Substantial inconvenience can also qualify as Class C, subject to exceptions. Impairing or diverting public water qualifies as Class A regardless of loss. Specified firearm or explosive damage to homes, livestock-fence damage, flood-control or utility harm, and catalytic-converter removal can qualify as state jail felonies regardless of loss. Killing cattle, bison, or horses, interrupting ATM access, or impairing or diverting public power qualifies as a third-degree felony regardless of loss.

Wrongful removal lawsuits and liability limits

Beginning September 1, 2025, people wrongfully removed through the new process can sue the person who requested removal. This also covers people whose belongings were wrongfully removed. They can seek possession, actual damages, court costs, reasonable lawyer fees, and exemplary damages equal to three times the home's fair market rent. Courts must schedule these cases for the earliest practical hearing date. Sheriffs and constables are shielded from claims for property loss or damage resulting from removal. Owners and agents also have protection for personal-property loss or damage, subject to the wrongful-removal lawsuit right.

New criminal penalties for housing fraud

Beginning September 1, 2025, Texas law adds criminal protections against false property documents and unauthorized housing offers. Knowingly showing someone a fake lease, deed, or similar ownership document to enter or stay on property is a Class A misdemeanor. Knowingly listing, advertising, selling, renting, or leasing residential property without legal title or authority is a first-degree felony. The transaction offense excludes lenders, title companies, licensed brokers or agents, and their workers or agents who did not know another participant lacked authority. Both crimes can be prosecuted alongside, or instead of, other applicable crimes.

Sponsors & Cosponsors

Sponsors

  • Bryan Hughes

    Republican • Senate

  • Jeff Leach

    House

Cosponsors

  • Lois Kolkhorst

    Republican • Senate

  • Borris L. Miles

    Democratic • Senate

  • Kevin Sparks

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 377 • No: 73

Senate vote • 5/28/2025

Record vote

Yes: 27 • No: 4

House vote • 5/23/2025

Record vote

Yes: 113 • No: 22

House vote • 5/22/2025

Record vote

Yes: 110 • No: 31

Senate vote • 4/15/2025

Record vote

Yes: 27 • No: 4

Senate vote • 4/15/2025

Record vote

Yes: 27 • No: 4

Senate vote • 4/15/2025

Record vote

Yes: 27 • No: 4

Senate vote • 4/15/2025

Record vote

Yes: 27 • No: 4

House vote • Unknown

Committee vote: Trade, Workforce & Economic Development

Yes: 10 • No: 0

Senate vote • Unknown

Committee vote: State Affairs

Yes: 9 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Signed by the Governor

    6/20/2025House
  3. Sent to the Governor

    6/1/2025House
  4. Signed in the House

    6/1/2025House
  5. Signed in the Senate

    5/30/2025Senate
  6. Senate concurs in House amendment(s)-reported

    5/29/2025House
  7. Reported enrolled

    5/28/2025Senate
  8. Record vote

    5/28/2025Senate
  9. Senate concurs in House amendment(s)

    5/28/2025Senate
  10. Read

    5/28/2025Senate
  11. House amendment(s) laid before the Senate

    5/28/2025Senate
  12. House passage as amended reported

    5/23/2025Senate
  13. Statement(s) of vote recorded in Journal

    5/23/2025House
  14. Record vote (RV#3324)

    5/23/2025House
  15. Passed

    5/23/2025House
  16. Read 3rd time

    5/23/2025House
  17. Record vote (RV#3244)

    5/22/2025House
  18. Passed to 3rd reading

    5/22/2025House
  19. Read 2nd time

    5/22/2025House
  20. Placed on General State Calendar

    5/21/2025House
  21. Considered in Calendars

    5/19/2025House
  22. Committee report sent to Calendars

    5/15/2025House
  23. Committee report distributed

    5/15/2025House
  24. Comte report filed with Committee Coordinator

    5/15/2025House
  25. Reported favorably as substituted

    5/7/2025House

Bill Text

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