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 also 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 certain documents with the county clerk to prevent fraud.

The legislation further defines key terms such as "nonpossessory interest," "owner," and "transfer," and establishes penalties for unauthorized attempts to transfer real property or nonpossessory interests. The severity of penalties is increased if the victim is elderly, disabled, or a nonprofit organization. The bill mandates that any instrument conveying real property must be signed and acknowledged in the presence of credible witnesses or certified by an authorized officer, with individuals presenting such instruments required to provide photo identification. The changes 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 specific provisions commencing 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, Local Government Code 191, Property Code 12, Government Code 51)