Texas 2023 - 88th Regular

Texas House Bill HB1823

Filed

2/3/23

Out of House Committee

5/2/23

Voted on by House

Out of Senate Committee

Voted on by Senate

Governor Action

Bill Becomes Law

Caption

Relating to certain documents or instruments purporting to convey real or personal property.

Impact

If enacted, HB1823 will amend sections of the Government Code, specifically targeting the process and responsibilities of clerks in relation to the filing of documents that purport to impact real property. It mandates that clerks notify relevant parties when a potentially fraudulent document is filed, enhancing transparency and allowing affected individuals to respond promptly. This legislation may streamline the process for homeowners who have been targeted by fraudulent schemes, thereby potentially reducing the legal complexities and duration involved in resolving such cases.

Summary

House Bill 1823 addresses the issue of fraudulent activities in the context of the sale or transfer of real property. The bill aims to improve existing laws related to the electronic filing of documents that claim to convey real or personal property. A critical goal of HB1823 is to deter 'deed fraud' by enabling clerks to identify potentially fraudulent documents before they are filed or recorded. By enhancing the clarity of statutes surrounding property transfers, the bill seeks to protect homeowners from the deceptive practices associated with fraudulent conveyances.

Sentiment

The sentiment surrounding HB1823 appears to be largely positive, particularly among law enforcement and stakeholders focused on property rights. Supporters, including representatives from the Dallas County District Attorney's office, emphasize its necessity in clarifying protections for property owners and addressing the complexities involved in deed fraud cases. However, there are concerns raised by some legal professionals about the potential weakening of protections for consumers, which indicates a moderate level of contention in the discussions surrounding the bill.

Contention

Notable points of contention revolve around concerns that the bill may inadvertently limit rights or protections that consumers currently enjoy regarding their homesteads. Some stakeholders, including legal experts from the Texas Mortgage Bankers Association and the Texas Land Title Association, have suggested that while the bill aims to enhance fraud prevention, it may also require further review to ensure that it does not disrupt existing consumer protections. This highlights the balancing act lawmakers face in crafting legislation that enhances security while safeguarding individual rights.

Texas Constitutional Statutes Affected

Government Code

Chapter 51. Clerks
- Section: 901
- Section: 903
- Section: 901
- Section: 903

Companion Bills

No companion bills found.

Previously Filed As

TX SB647

Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.

TX HB4558

Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.

TX SB1734

Relating to status of certain documents or instruments purporting to convey title to or an interest in real property.

TX HB4531

Relating to status of certain documents or instruments purporting to convey title to or an interest in real property.

TX SB2611

Relating to the status of certain documents or instruments concerning real or personal property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations for those offenses; harmonizing other statute of limitations provisions; increasing a criminal penalty.

TX SB1853

Relating to an action to determine the status of certain documents or instruments purporting to convey title to or an interest in real property.

TX HB3462

Relating to the judicial review of a document or an instrument purporting to create a lien or claim.

TX SB101

Regards recording of certain real property documents

TX SB15

Relating to recording requirements for certain documents concerning real property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations for those offenses.

TX SB16

Relating to real property theft and real property fraud; establishing recording requirements for certain documents concerning real property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations, restitution, and certain procedures with respect to those offenses.