The proposed bill aims to combat real property theft and fraud by establishing new criminal offenses and enhancing recording requirements for related documents. It introduces the offenses of real property theft and real property fraud, which will now fall under a ten-year statute of limitations as amended in Article 12.01 of the Code of Criminal Procedure. The bill also creates Chapter 5C, detailing the necessary information for judgments or orders related to these offenses, and mandates that such judgments be filed with the county clerk within ten days. Additionally, it requires courts to order restitution for victims, specifying the circumstances and types of losses eligible for compensation.

To further strengthen protections against real property fraud, the bill defines "nonpossessory interest" and clarifies the definition of "owner" to include estates and known successors of deceased owners. It establishes penalties for transferring real property or nonpossessory interests without the owner's consent, with increased penalties for offenses involving elderly, disabled individuals, or nonprofit organizations. The bill also mandates that individuals present photo identification when recording instruments conveying real property. Importantly, the new provisions will only apply to offenses committed after the effective date of the Act, which is set to take effect 91 days after the legislative session, with certain provisions starting on January 1, 2026.

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