Texas 2025 - 89th Regular

Texas House Bill HB4558 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4148 JTZ-D
2	2	By: Anchía H.B. No. 4558
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the filing or recording of documents or instruments
10	10	conveying or purporting to convey an interest in real or personal
11	11	property.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 51.901(a), (c), and (d), Government
14	14	Code, are amended to read as follows:
15	15	(a) If a clerk of the supreme court, clerk of the court of
16	16	criminal appeals, clerk of a court of appeals, district clerk,
17	17	county clerk, district and county clerk, or municipal clerk has a
18	18	reasonable basis to believe in good faith that a document or
19	19	instrument previously filed or recorded or offered or submitted for
20	20	filing or for filing and recording is fraudulent, the clerk shall:
21	21	(1) if the document is a purported judgment or other
22	22	document purporting to memorialize or evidence an act, an order, a
23	23	directive, or process of a purported court, provide written notice
24	24	of the filing, recording, or submission for filing or for filing and
25	25	recording to the stated or last known address of the person against
26	26	whom the purported judgment, act, order, directive, or process is
27	27	rendered; or
28	28	(2) if the document or instrument purports to create a
29	29	lien against or assert a claim to [on real or personal property] or
30	30	an interest in real or personal property, provide written notice of
31	31	the filing, recording, or submission for filing or for filing and
32	32	recording to the stated or last known address of:
33	33	(A) the person named in the document or
34	34	instrument as the grantor, obligor, or debtor, and to any person
35	35	named as the grantee or as owning or acquiring any interest in the
36	36	real or personal property described in the document or instrument;
37	37	and
38	38	(B) as applicable, the last known owner of the
39	39	property if that owner's address is different from the address of
40	40	the grantor, obligor, or debtor named in the document or
41	41	instrument.
42	42	(c) For purposes of this section, a document or instrument
43	43	is presumed to be fraudulent if:
44	44	(1) the document is a purported judgment or other
45	45	document purporting to memorialize or evidence an act, an order, a
46	46	directive, or process of:
47	47	(A) a purported court or a purported judicial
48	48	entity not expressly created or established under the constitution
49	49	or the laws of this state or of the United States; or
50	50	(B) a purported judicial officer of a purported
51	51	court or purported judicial entity described by Paragraph (A);
52	52	(2) the document or instrument purports to create a
53	53	lien against or assert a claim to [against real or personal
54	54	property] or an interest in real or personal property and:
55	55	(A) is not a document or instrument provided for
56	56	by the constitution or laws of this state or of the United States;
57	57	(B) is not created by implied or express consent
58	58	or agreement of the grantor, obligor, debtor, or the owner of the
59	59	real or personal property or an interest in the real or personal
60	60	property, if required under the laws of this state, or by implied or
61	61	express consent or agreement of an agent, fiduciary, or other
62	62	representative of that person; or
63	63	(C) is not an equitable, constructive, or other
64	64	lien imposed by a court with jurisdiction created or established
65	65	under the constitution or laws of this state or of the United
66	66	States; or
67	67	(3) the document or instrument purports to create a
68	68	lien or assert a claim against real or personal property or an
69	69	interest in real or personal property and the document or
70	70	instrument is filed by an inmate or on behalf of an inmate.
71	71	(d) If a county clerk believes in good faith that a document
72	72	or instrument filed, recorded, or submitted for filing or recording
73	73	with the county clerk to create a lien against or assert a claim to
74	74	or an interest in real or personal property is fraudulent, the clerk
75	75	shall:
76	76	(1) request the assistance of the county or district
77	77	attorney to determine whether the document is fraudulent before
78	78	filing or recording the document;
79	79	(2) request that the prospective filer provide to the
80	80	county clerk additional documentation supporting the existence of
81	81	the lien, claim, or interest, such as a contract or other document
82	82	that contains the signature of the alleged owner, debtor, grantor,
83	83	or obligor [obligor's signature]; [and]
84	84	(3) forward any additional documentation received to
85	85	the county or district attorney; and
86	86	(4) refuse to file or record the document or
87	87	instrument submitted for filing or recording if:
88	88	(A) the district or county attorney whose
89	89	assistance the clerk requested under Subdivision (1) determines
90	90	there is probable cause to believe the document or instrument is
91	91	fraudulent; or
92	92	(B) the prospective filer does not provide the
93	93	clerk the additional documentation requested under Subdivision
94	94	(2).
95	95	SECTION 2. Section 12.003(b), Civil Practice and Remedies
96	96	Code, is amended to read as follows:
97	97	(b) Notwithstanding any other law, a person or a person
98	98	licensed or regulated by Title 11, Insurance Code (the Texas Title
99	99	Insurance Act), does not have a duty to disclose a fraudulent, as
100	100	described by Section 51.901(c), Government Code, court record,
101	101	document, or instrument purporting to create a lien against or
102	102	[purporting to] assert a claim to [on real property] or an interest
103	103	in real property in connection with a sale, conveyance, mortgage,
104	104	or other transfer of the real property or interest in real property.
105	105	SECTION 3. Section 12.001(b), Property Code, is amended to
106	106	read as follows:
107	107	(b) An instrument conveying real property may not be
108	108	recorded unless it is:
109	109	(1) signed and acknowledged or sworn to by the grantor
110	110	in the presence of two or more credible subscribing witnesses; and
111	111	(2) [or acknowledged or] sworn to before and certified
112	112	by an officer authorized to take acknowledgements or oaths[, as
113	113	applicable].
114	114	SECTION 4. The changes in law made by this Act apply only to
115	115	a document or instrument conveying or purporting to convey an
116	116	interest in real or personal property filed, recorded, or offered
117	117	for filing or recording on or after the effective date of this Act.
118	118	A document or instrument conveying or purporting to convey an
119	119	interest in real or personal property filed, recorded, or offered
120	120	for filing or recording before the effective date of this Act is
121	121	governed by the law in effect on the day the document or instrument
122	122	was filed, recorded, or offered for filing or recording, and the
123	123	former law is continued in effect for that purpose.
124	124	SECTION 5. This Act takes effect September 1, 2025.