SB1995 - 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.

      By: Hall S.B. No. 1995               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.          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.  Section 30.05(b)(2), Penal Code, is amended to   read as follows:                (2)  "Notice" means:                      (A)  oral or written communication by the owner or   someone with apparent authority to act for the owner;                      (B)  fencing or other enclosure obviously   designed to exclude intruders or to contain livestock;                      (C)  a sign or signs posted on the property or at   the entrance to the building, reasonably likely to come to the   attention of intruders, indicating that entry is forbidden;                      (D)  the placement of identifying purple paint   marks on trees or posts on the property, provided that the marks   are:                            (i)  vertical lines of not less than eight   inches in length and not less than one inch in width;                            (ii)  placed so that the bottom of the mark   is not less than three feet from the ground or more than five feet   from the ground; and                            (iii)  placed at locations that are readily   visible to any person approaching the property and no more than:                                  (a)  100 feet apart on forest land; or                                  (b)  1,000 feet apart on land other   than forest land; [ or ]                      (E)  the visible presence on the property of a   crop grown for human consumption that is under cultivation, in the   process of being harvested, or marketable if harvested at the time   of entry ; or                       (F)     oral or written communication by a sheriff or   constable while serving a notice to immediately vacate under   Section 24B.003, Property Code .          SECTION 3.  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 4.  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 OR CONSTABLE. Notwithstanding any   other law, an owner of residential real property or the owner's   agent may request that the sheriff or constable 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      & [Text truncated for display. Full text available on LegiScan.]