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, amending Article 12.01 of the Code of Criminal Procedure to include these offenses under a ten-year statute of limitations. It also creates Chapter 5C, which specifies the information required in judgments or orders related to these offenses and mandates that such judgments be filed with the county clerk within ten days. Additionally, the bill requires county clerks to notify law enforcement of any allegations of fraud and mandates photo identification for filing certain documents, thereby increasing the security of real property transactions.

The legislation further defines terms related to real property fraud and unauthorized transfers, establishing penalties that vary based on the market value of the property or benefit received, with increased severity for offenses involving elderly or disabled individuals or nonprofit organizations. It amends existing laws to require that real property instruments be signed and acknowledged in the presence of credible witnesses or certified by an authorized officer, and it mandates photo identification for individuals presenting these instruments for recording. 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 beginning 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, Property Code 12, Local Government Code 191, Government Code 51)