S.B. No. 647 amends Section 51.901 of the Government Code to enhance the procedures for clerks when dealing with potentially fraudulent documents related to real or personal property. The bill requires clerks to provide written notice to specific parties when they suspect a document is fraudulent, particularly if it purports to create a lien or assert a claim against property. New provisions clarify that a document is presumed fraudulent under certain conditions, such as if it is filed by an inmate or lacks proper consent from the property owner. Additionally, the bill introduces a presumption of non-fraudulence if the filer provides supporting documentation at the time of filing.

The bill also establishes protections for county clerks who act in good faith regarding the filing or refusal of potentially fraudulent documents, ensuring they are immune from liability and cannot face disciplinary action for their decisions. Furthermore, it stipulates that any additional documentation provided to support the existence of a lien or claim is confidential and exempt from public disclosure. The changes will apply to documents filed or recorded on or after the effective date of the Act, which is set for September 1, 2025.

Statutes affected:
Introduced: Government Code 51.901, Civil Practice and Remedies Code 12.003, Property Code 12.001 (Property Code 12, Civil Practice and Remedies Code 12, Government Code 51)
Senate Committee Report: Government Code 51.901, Civil Practice and Remedies Code 12.003 (Property Code 12, Civil Practice and Remedies Code 12, Government Code 51)
Engrossed: Government Code 51.901, Civil Practice and Remedies Code 12.003 (Property Code 12, Civil Practice and Remedies Code 12, Government Code 51)
House Committee Report: Government Code 51.901, Civil Practice and Remedies Code 12.003 (Property Code 12, Civil Practice and Remedies Code 12, Government Code 51)
Enrolled: Government Code 51.901, Civil Practice and Remedies Code 12.003 (Property Code 12, Civil Practice and Remedies Code 12, Government Code 51)