Senate Bill No. 648 amends the Texas Property Code to establish new recording requirements for instruments related to real property. The bill specifies that an instrument conveying real property cannot be recorded unless it is signed by the grantor and either acknowledged or sworn to in the presence of credible witnesses or certified by an authorized officer, depending on who files the instrument. If the filing is done by an attorney, title agent, title company, or escrow company, the requirements differ slightly from those for individuals not associated with these entities. Additionally, the bill introduces a new subsection that outlines the requirements for recording an affidavit of heirship, which includes similar signing and acknowledgment stipulations.

The amendments include the addition of specific conditions under which instruments can be recorded, such as the necessity for acknowledgment by the grantor and grantee in the presence of witnesses, and the requirement for certification by an authorized officer. The bill aims to enhance the integrity and reliability of real property transactions by ensuring that proper legal procedures are followed during the recording process. If passed, the Act will take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if such a vote is not achieved.

Statutes affected:
Introduced: Property Code 12.001 (Property Code 12)
Senate Committee Report: Property Code 12.001 (Property Code 12)