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.
Impact
If enacted, SB16 will significantly modify the current laws governing property crime in Texas. It will create distinct categories for real property theft and fraud, with specific penalties for violations based on the value of the property involved. The bill emphasizes the need for proper identification when recording property transactions, which is intended to prevent unauthorized transfers that can lead to severe financial harm for property owners. This legislative change is designed to offer greater protection for property rights and to provide legal recourse for victims of property fraud.
Summary
SB16 is a legislative proposal in Texas aimed at addressing issues related to real property theft and fraud. This bill establishes new criminal offenses specifically focused on acts that involve the theft or fraudulent acquisition of real property. Key provisions include the definition of real property theft and fraud, alongside the establishment of related sanctions and recording requirements for property transactions to enhance transparency and compliance with legal standards. The overarching goal of the bill is to deter fraudulent activities that impact vulnerable populations, particularly elderly and disabled individuals.
Sentiment
The sentiment around SB16 appears to be largely favorable among proponents who emphasize the importance of protecting property rights and safeguarding the elderly and disabled from fraudulent practices. Supporters argue that the establishment of these new offenses and related penalties will enhance overall property security in Texas. However, there is also a concern among some stakeholders about the potential implications for property transactions, including the procedural burdens that could emerge from the new recording requirements. Nonetheless, the conversation remains predominantly positive, focusing on the bill's intent to combat fraud effectively.
Contention
A notable point of contention concerning SB16 involves the balance between tightening property laws and ensuring that legitimate property transactions are not hindered by new compliance measures. Critics of the bill express concern that while the aim to protect vulnerable populations is commendable, the additional procedural requirements may inadvertently complicate real estate transactions. Furthermore, there are discussions regarding how various stakeholders, such as real estate professionals and civil rights advocates, perceive these changes and their implications on local practices and governance.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 12. Limitation
Section: New Section
Chapter 42. Judgment And Sentence
Section: New Section
Chapter 1. General Provisions
Section: New Section
Penal Code
Chapter 31. Theft
Section: New Section
Section: New Section
Chapter 32. Fraud
Section: New Section
Section: New Section
Government Code
Chapter 51. Clerks
Section: 901
Section: 901
Local Government Code
Chapter 191. General Records Provisions Affecting Counties
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.
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.
Relating to certain statutes of limitations for criminal offenses, including the statutes of limitations for felony offenses relating to an election conducted in this state.
Relating to certain statutes of limitations for criminal offenses, including the statute of limitations for the offense of improper relationship between educator and student, and to the applicability of sex offender registration requirements for the offense of improper relationship between educator and student.
Relating to the offense of invasive visual recording of a minor, including the statute of limitations for that offense and the applicability of sex offender registration requirements to that offense; harmonizing other statute of limitations provisions; increasing criminal penalties for certain sexual offenses.
Relating to certain statutes of limitations for criminal offenses, including the statute of limitations for improper relationship between educator and student.
Relating to human trafficking, prostitution, and child pornography and to the prosecution of sexual or assaultive offenses or the prosecution of a failure to stop or report those offenses; amending and harmonizing certain statute of limitations provisions; creating a criminal offense; increasing a criminal penalty.
Relating to human trafficking, prostitution, and child pornography and to the prosecution of sexual or assaultive offenses or the prosecution of a failure to stop or report those offenses; amending and harmonizing certain statute of limitations provisions; creating a criminal offense; increasing a criminal penalty.
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.
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.