S.B. No. 15 introduces significant amendments to the Code of Criminal Procedure concerning real property theft and fraud, establishing a statute of limitations for prosecution of these offenses within ten years from the date of the crime. The bill creates a new chapter that details procedures for handling cases of real property theft and fraud, including requirements for judgments and restitution. Notably, judgments must include specific information about the real property involved and must be filed with the county clerk within ten days of the court's decision. Additionally, the bill enhances the responsibilities of county clerks by requiring them to notify law enforcement of any documents filed after January 1, 2026, that are alleged to be fraudulent.
The legislation also defines key terms related to real property fraud, such as "Owner" and "Transfer," and outlines offenses for unauthorized transfers of real property. It establishes penalties based on the market value of the property or benefits received, with heightened penalties for offenses involving elderly or disabled individuals or nonprofit organizations. Furthermore, the bill amends existing laws to require that property conveyances be signed and acknowledged in the presence of credible witnesses or certified by an authorized officer, and mandates that individuals presenting such documents for recording provide photo identification. The changes will apply only to offenses committed after the bill's effective date, which is set for 91 days after the legislative session, with certain provisions taking effect on January 1, 2026.
Statutes affected: Introduced: Local Government Code 191.010, Property Code 12.001 (Local Government Code 191, Property Code 12)
Senate Committee Report: Government Code 51.605, Government Code 12.001, Local Government Code 191.010, Penal Code 37.101, Property Code 12.001 (Government Code 51, Penal Code 37, Property Code 12, Local Government Code 191, Government Code 12)
Engrossed: Government Code 51.901, Local Government Code 191.010, Penal Code 31.01, Property Code 12.001 (Government Code 51, Penal Code 37, Property Code 12, Local Government Code 191, Government Code 12, Penal Code 31)