S.B. No. 16 aims to combat real property theft and fraud by introducing new criminal offenses and establishing specific recording requirements for related documents. The bill creates the offenses of real property theft and real property fraud, amending Article 12.01 of the Code of Criminal Procedure to include these offenses under a ten-year statute of limitations. It also establishes Chapter 5C, which outlines the necessary information for judgments or orders related to these offenses, mandating that such judgments be filed with the county clerk. Additionally, the bill enhances the reporting process for fraudulent documents by requiring county clerks to notify law enforcement of any fraud allegations concerning documents filed after January 1, 2026, and mandates photo identification for certain document filings to bolster transaction security.

The bill introduces new provisions to the Penal Code, specifically Section 31.23, which defines real property theft and outlines the conditions for committing the offense, including unauthorized transfers with the intent to deprive the owner. Penalties are categorized based on the market value of the property, with enhanced penalties for offenses involving elderly or disabled victims or tax-exempt properties. Similarly, Section 32.60 addresses real property fraud, detailing offenses related to false statements or obtaining consent under false pretenses, with penalties also based on property value. The bill amends the Property Code to require specific signing and acknowledgment procedures for instruments conveying real property, including the necessity of photo identification for recording. These changes apply only to offenses committed after the Act's effective date, ensuring that prior offenses are governed by the existing law at the time of their commission.

Statutes affected:
Introduced: Government Code 51.901, Local Government Code 191.010, Penal Code 31.01, Property Code 12.001 (Property Code 12, Government Code 51, Local Government Code 191, Penal Code 31)
Senate Committee Report: Government Code 51.901, Local Government Code 191.010, Penal Code 31.01, Property Code 12.001 (Property Code 12, Government Code 51, Local Government Code 191, Penal Code 31)