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, categorizing them as felonies with a ten-year statute of limitations, as amended in Article 12.01 of the Code of Criminal Procedure. The bill also creates Chapter 5C, which specifies the information required in judgments or orders related to these offenses and mandates that such documents be filed with the county clerk within ten days. Additionally, it requires county clerks to notify law enforcement of any allegations of fraud and clarifies photo identification requirements for filing certain documents.

Moreover, the bill defines key terms related to real property transactions and establishes penalties for unauthorized transfers of property or nonpossessory interests, with increased penalties for offenses involving elderly or disabled individuals, nonprofit organizations, or tax-exempt properties. It amends existing laws to ensure that real property instruments are signed and acknowledged in the presence of credible witnesses or certified by an authorized officer, and mandates that individuals presenting these instruments for recording provide photo identification. The changes will apply only 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 (Penal Code 31, Government Code 51, Local Government Code 191, Property Code 12)