The bill amends Section 12.001 of the Property Code to establish new recording requirements for instruments related to real property. It specifies that an instrument conveying real property cannot be recorded unless it meets certain criteria based on who is filing it. If filed by an attorney, title agent, title company, or escrow company, the instrument must be signed by the grantor and either acknowledged in the presence of two credible witnesses or certified by an authorized officer. If filed by an individual not in the aforementioned categories, the instrument must be signed by the grantor and acknowledged by both the grantor and grantee in the presence of witnesses, with additional certification required.
Additionally, the bill introduces a new subsection (b-1) that outlines the requirements for recording an affidavit of heirship. This affidavit must be signed by the individual making it, acknowledged by both the individual and each heir in the presence of two witnesses, and certified by an authorized officer. The bill aims to enhance the integrity and reliability of property transactions by ensuring proper acknowledgment and certification processes are followed. 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)