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HB 4540

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 Dennis Paul

HB 4540 criminalizes unauthorized property entry and occupancy while penalizing those facilitating illegal sales, rentals, or advertisements of real property in Texas.

Referred to Trade, Workforce & Economic Development
#courts--justice(i0110) #crimes--againstproperty(i0175) #criminalprocedure--general(i0208) #fraud(s0166) #propertyinterests--realproperty(i0595) #sheriffs(s1013)
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Bill Summary · HB 4540

Legislative bill overview

HB 4540 creates and strengthens criminal offenses related to unauthorized entry, occupancy, and transactions involving real property in Texas. The bill establishes new crimes for illegally entering or occupying dwellings and for facilitating unauthorized property sales or rentals, while increasing penalties for related offenses and authorizing collection of enforcement fees.

Why is this important

Property rights and unauthorized occupancy have become increasingly contentious issues in Texas, particularly regarding squatting and illegal transfers of real property. This legislation directly addresses enforcement mechanisms and criminal consequences, potentially affecting how quickly property owners can regain control of their land and creating new liability for those who knowingly facilitate unauthorized occupancy or transactions.

Potential points of contention

  • Scope of "unauthorized occupancy" definitions — The bill's language around what constitutes illegal occupancy could affect eviction timelines and property owner remedies, with questions about how it interacts with existing landlord-tenant law
  • Criminal liability for third parties — Creating criminal offenses for those who advertise, lease, or facilitate unauthorized property use raises concerns about liability standards and who bears responsibility in complex real estate transactions
  • Fee authorization — The bill authorizes unspecified fees for enforcement, leaving open questions about cost allocation and whether expenses would fall on property owners, municipalities, or the state

Compiled from official sources — confirm details with the bill’s official record.

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