SB 1333 addresses issues surrounding unauthorized occupation, fraudulent conveyance, and illegal advertisement or leasing of residential real property in Texas. The bill introduces new criminal offenses and strengthens penalties to protect property owners from deceptive practices and unlawful intrusions. This legislation reflects a broad concern about the rise of squatting and property fraud.
One of the primary changes made by SB 1333 is the amendment of Section 28.03 of the Texas Penal Code, which deals with criminal mischief. The bill enhances criminal penalties for damage or interference involving residences, public infrastructure, or agricultural properties, including specific provisions for tampering with public utilities and catalytic converters. These updates aim to reinforce legal consequences in cases where property damage is tied to unauthorized occupation or broader schemes affecting property rights and community safety.
Additionally, SB 1333 introduces two new offenses in Chapter 32 of the Penal Code. Section 32.56 makes it a Class A misdemeanor to knowingly present false or fraudulent documents—such as a fake lease or deed—intended to claim real property. Section 32.57 creates a first-degree felony offense for knowingly selling, renting, or advertising residential property without having legal title or authority to do so. These provisions are designed to deter fraudulent real estate activity, particularly targeting bad actors who exploit vulnerable renters or attempt to illegitimately occupy or convey property.
Through these statutory updates and new offenses, SB 1333 strengthens the legal tools available to property owners and law enforcement, enabling faster resolution of squatting situations and deterring the spread of property-related fraud in Texas.
The Committee Substitute for SB 1333 significantly streamlines and refocuses the originally filed version, retaining the core intent of combating unauthorized occupation and fraudulent conveyance of residential property, but shifting away from creating a detailed new civil process toward a stronger reliance on the criminal justice system.
In the originally filed version, SB 1333 introduced an extensive civil procedure under a new Chapter 24B of the Property Code, which allowed property owners to file a sworn complaint with the sheriff to have unauthorized occupants removed without going through a traditional eviction process. This section included a formal affidavit process, criteria for removal, a liability shield for sheriffs, and a remedy for wrongful removal. However, in the Committee Substitute, this entire civil enforcement structure appears to have been removed or heavily revised. This suggests a deliberate move to avoid legal complexities or constitutional challenges related to due process, particularly in handling disputed occupancy claims without judicial oversight.
Instead, the Committee Substitute places greater emphasis on the criminal aspects of the issue. It retains and sharpens the new criminal offenses added to Chapter 32 of the Penal Code—namely, presenting fraudulent real estate documents and engaging in unauthorized sales or leases of residential property. These offenses remain largely intact from the original version but are refined to ensure consistency with other fraud statutes and provide clearer prosecutorial guidance. The substitute also continues the proposed enhancements to Section 28.03 of the Penal Code, which raise penalties for certain types of property damage, especially those involving habitation, public infrastructure, or catalytic converters.
Overall, the substitute represents a more targeted and arguably more enforceable version of the bill. By removing the procedural burden from law enforcement and courts under a new civil framework and instead strengthening penalties and criminal definitions, the bill's revised form seeks to achieve the same protective goals for property owners while minimizing legal and practical obstacles to implementation.
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Sen. Bryan Hughes
