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 are now categorized under a ten-year statute of limitations as per the amendments to 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. Additionally, it requires courts to order restitution for victims, outlines the circumstances for restitution payments, and enhances the responsibilities of county clerks to notify law enforcement of any fraudulent documents presented.

Furthermore, the bill introduces new definitions and provisions to strengthen the legal framework against unauthorized transfers or encumbrances of real property. Key definitions include "nonpossessory interest" and "owner," which now includes the estate and known successors of a deceased owner. The bill specifies that transferring real property without the owner's consent constitutes an offense, with penalties based on the property's market value and increased penalties for offenses involving elderly or disabled individuals or nonprofit organizations. It also mandates that any instrument conveying real property must be signed in the presence of credible witnesses or certified by an authorized officer, and requires photo identification for recording such instruments. The changes will apply only to offenses committed after the Act'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: Government Code 51.901, Local Government Code 191.010, Penal Code 31.01, Property Code 12.001 (Local Government Code 191, Penal Code 31, Property Code 12, Government Code 51)