Bill Text: TX SB647 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-18 - Filed [SB647 Detail]
Download: Texas-2025-SB647-Introduced.html
89R4148 JTZ-D | ||
By: West | S.B. No. 647 |
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relating to the filing or recording of documents or instruments | ||
conveying or purporting to convey an interest in real or personal | ||
property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 51.901(a), (c), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) If a clerk of the supreme court, clerk of the court of | ||
criminal appeals, clerk of a court of appeals, district clerk, | ||
county clerk, district and county clerk, or municipal clerk has a | ||
reasonable basis to believe in good faith that a document or | ||
instrument previously filed or recorded or offered or submitted for | ||
filing or for filing and recording is fraudulent, the clerk shall: | ||
(1) if the document is a purported judgment or other | ||
document purporting to memorialize or evidence an act, an order, a | ||
directive, or process of a purported court, provide written notice | ||
of the filing, recording, or submission for filing or for filing and | ||
recording to the stated or last known address of the person against | ||
whom the purported judgment, act, order, directive, or process is | ||
rendered; or | ||
(2) if the document or instrument purports to create a | ||
lien against or assert a claim to [ |
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an interest in real or personal property, provide written notice of | ||
the filing, recording, or submission for filing or for filing and | ||
recording to the stated or last known address of: | ||
(A) the person named in the document or | ||
instrument as the grantor, obligor, or debtor, and to any person | ||
named as the grantee or as owning or acquiring any interest in the | ||
real or personal property described in the document or instrument; | ||
and | ||
(B) as applicable, the last known owner of the | ||
property if that owner's address is different from the address of | ||
the grantor, obligor, or debtor named in the document or | ||
instrument. | ||
(c) For purposes of this section, a document or instrument | ||
is presumed to be fraudulent if: | ||
(1) the document is a purported judgment or other | ||
document purporting to memorialize or evidence an act, an order, a | ||
directive, or process of: | ||
(A) a purported court or a purported judicial | ||
entity not expressly created or established under the constitution | ||
or the laws of this state or of the United States; or | ||
(B) a purported judicial officer of a purported | ||
court or purported judicial entity described by Paragraph (A); | ||
(2) the document or instrument purports to create a | ||
lien against or assert a claim to [ |
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(A) is not a document or instrument provided for | ||
by the constitution or laws of this state or of the United States; | ||
(B) is not created by implied or express consent | ||
or agreement of the grantor, obligor, debtor, or the owner of the | ||
real or personal property or an interest in the real or personal | ||
property, if required under the laws of this state, or by implied or | ||
express consent or agreement of an agent, fiduciary, or other | ||
representative of that person; or | ||
(C) is not an equitable, constructive, or other | ||
lien imposed by a court with jurisdiction created or established | ||
under the constitution or laws of this state or of the United | ||
States; or | ||
(3) the document or instrument purports to create a | ||
lien or assert a claim against real or personal property or an | ||
interest in real or personal property and the document or | ||
instrument is filed by an inmate or on behalf of an inmate. | ||
(d) If a county clerk believes in good faith that a document | ||
or instrument filed, recorded, or submitted for filing or recording | ||
with the county clerk to create a lien against or assert a claim to | ||
or an interest in real or personal property is fraudulent, the clerk | ||
shall: | ||
(1) request the assistance of the county or district | ||
attorney to determine whether the document is fraudulent before | ||
filing or recording the document; | ||
(2) request that the prospective filer provide to the | ||
county clerk additional documentation supporting the existence of | ||
the lien, claim, or interest, such as a contract or other document | ||
that contains the signature of the alleged owner, debtor, grantor, | ||
or obligor [ |
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(3) forward any additional documentation received to | ||
the county or district attorney; and | ||
(4) refuse to file or record the document or | ||
instrument submitted for filing or recording if: | ||
(A) the district or county attorney whose | ||
assistance the clerk requested under Subdivision (1) determines | ||
there is probable cause to believe the document or instrument is | ||
fraudulent; or | ||
(B) the prospective filer does not provide the | ||
clerk the additional documentation requested under Subdivision | ||
(2). | ||
SECTION 2. Section 12.003(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) Notwithstanding any other law, a person or a person | ||
licensed or regulated by Title 11, Insurance Code (the Texas Title | ||
Insurance Act), does not have a duty to disclose a fraudulent, as | ||
described by Section 51.901(c), Government Code, court record, | ||
document, or instrument purporting to create a lien against or | ||
[ |
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in real property in connection with a sale, conveyance, mortgage, | ||
or other transfer of the real property or interest in real property. | ||
SECTION 3. Section 12.001(b), Property Code, is amended to | ||
read as follows: | ||
(b) An instrument conveying real property may not be | ||
recorded unless it is: | ||
(1) signed and acknowledged or sworn to by the grantor | ||
in the presence of two or more credible subscribing witnesses; and | ||
(2) [ |
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by an officer authorized to take acknowledgements or oaths[ |
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SECTION 4. The changes in law made by this Act apply only to | ||
a document or instrument conveying or purporting to convey an | ||
interest in real or personal property filed, recorded, or offered | ||
for filing or recording on or after the effective date of this Act. | ||
A document or instrument conveying or purporting to convey an | ||
interest in real or personal property filed, recorded, or offered | ||
for filing or recording before the effective date of this Act is | ||
governed by the law in effect on the day the document or instrument | ||
was filed, recorded, or offered for filing or recording, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2025. |