| 1 | 1 | | 89R4178 SCR-D |
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| 2 | 2 | | By: AnchÃa H.B. No. 4560 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to recording requirements for certain instruments |
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| 10 | 10 | | concerning real property. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 12.001, Property Code, is amended by |
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| 13 | 13 | | amending Subsection (b) and adding Subsection (b-1) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (b) An instrument conveying real property may not be |
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| 16 | 16 | | recorded unless: |
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| 17 | 17 | | (1) if the instrument is filed for recording by an |
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| 18 | 18 | | attorney, title agent, title company, or escrow company that |
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| 19 | 19 | | provides only closing, settlement, or other comparable transaction |
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| 20 | 20 | | services in connection with the transfer of real property, the |
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| 21 | 21 | | instrument [it] is signed by the grantor and: |
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| 22 | 22 | | (A) [and] acknowledged or sworn to by the grantor |
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| 23 | 23 | | in the presence of two or more credible subscribing witnesses; or |
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| 24 | 24 | | (B) acknowledged or sworn to by the grantor |
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| 25 | 25 | | before and certified by an officer authorized to take |
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| 26 | 26 | | acknowledgements or oaths, as applicable; and |
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| 27 | 27 | | (2) if the instrument is filed for recording by an |
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| 28 | 28 | | individual other than a person described by Subdivision (1), the |
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| 29 | 29 | | instrument is: |
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| 30 | 30 | | (A) signed by the grantor; |
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| 31 | 31 | | (B) acknowledged or sworn to by the grantor and |
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| 32 | 32 | | grantee in the presence of two or more credible subscribing |
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| 33 | 33 | | witnesses; and |
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| 34 | 34 | | (C) acknowledged or sworn to by the grantor, the |
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| 35 | 35 | | grantee, and each subscribing witness before and certified by an |
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| 36 | 36 | | officer authorized to take acknowledgements or oaths, as |
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| 37 | 37 | | applicable. |
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| 38 | 38 | | (b-1) An affidavit of heirship may not be recorded unless it |
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| 39 | 39 | | is: |
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| 40 | 40 | | (1) signed by the individual making the affidavit; |
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| 41 | 41 | | (2) acknowledged or sworn to by the individual making |
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| 42 | 42 | | the affidavit and each heir named in the affidavit in the presence |
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| 43 | 43 | | of two credible subscribing witnesses; and |
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| 44 | 44 | | (3) acknowledged or sworn to by the individual making |
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| 45 | 45 | | the affidavit, each heir named in the affidavit, and each |
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| 46 | 46 | | subscribing witness before and certified by an officer authorized |
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| 47 | 47 | | to take acknowledgements or oaths, as applicable. |
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| 48 | 48 | | SECTION 2. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2025. |
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