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.

89th Legislature (2025) Introduced by Daniel Alders and 29 co-sponsors

Texas bill creates criminal offenses for squatting and unauthorized property transactions, strengthening enforcement against illegal occupancy and property fraud through criminal penalties and fees.

Referred to Trade, Workforce & Economic Development

#civilremedies&liabilities(i0065) #crimes--againstproperty(i0175) #fraud(s0166) #propertyinterests--realproperty(i0595) #sheriffs(s1013)

Legislative bill overview

HB 1076 creates and strengthens criminal offenses related to unauthorized entry, occupancy, and transactions involving real property in Texas. The bill targets squatting and property fraud by criminalizing unauthorized occupation of dwellings and the sale, rental, or advertisement of properties without legal authority, while authorizing a fee mechanism for enforcement.

Why is this important

Property squatting has become a documented problem in several states, including Texas, where unauthorized occupants can be difficult and expensive to remove through civil courts alone. This bill attempts to address that issue by creating criminal remedies alongside existing civil protections, potentially accelerating property recovery and reducing disputes over ownership or tenancy rights.

Potential points of contention

Criminal vs. civil remedy balance: Converting what are historically civil property disputes into criminal matters may overburden criminal courts and raise questions about whether criminal penalties are proportionate to property violations

Proof and evidentiary burden: Determining "unauthorized" occupancy in disputed tenancy situations, boundary disputes, or unclear ownership transfers could create prosecutorial discretion challenges and potential due process concerns

Unintended consequences for vulnerable populations: Stricter criminalization could disproportionately affect homeless individuals, domestic violence survivors, or those in genuine property disputes, particularly if enforcement prioritizes criminal charges over civil resolution

Definition clarity: The bill's scope regarding "advertisement for sale, rental, or lease" without authorization may affect real estate professionals, property managers, or third parties in ways that need precise statutory language