H.B. No. 258 aims to combat real property theft and fraud by establishing new criminal offenses and enhancing recording requirements for related documents. The bill introduces the offenses of real property theft and real property fraud, defined under Sections 31.23 and 32.60 of the Penal Code, and amends Article 12.01 of the Code of Criminal Procedure to set a ten-year statute of limitations for prosecution of these crimes. It requires that judgments or orders related to these offenses include specific information about the real property involved and mandates filing with the county clerk within ten days of the court's decision. Additionally, the bill outlines restitution procedures for victims and enhances photo identification requirements for filing documents with the county clerk to prevent fraud.

The bill also makes significant amendments to the definitions within the Penal Code, including the definition of "nonpossessory interest" and expanding the definition of "owner" to include the estate and known successors of a deceased owner. It establishes penalties for transferring real property or a nonpossessory interest without the owner's consent, with increased penalties for offenses involving elderly or disabled individuals or nonprofit organizations. Furthermore, it 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, Property Code 12, Government Code 51, Penal Code 31)