89R4178 SCR-D
By: AnchÃa H.B. No. 4560
A BILL TO BE ENTITLED
AN ACT
relating to recording requirements for certain instruments
concerning real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.001, Property Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) An instrument conveying real property may not be
recorded unless:
(1) if the instrument is filed for recording by an
attorney, title agent, title company, or escrow company that
provides only closing, settlement, or other comparable transaction
services in connection with the transfer of real property, the
instrument [it] is signed by the grantor and:
(A) [and] acknowledged or sworn to by the grantor
in the presence of two or more credible subscribing witnesses; or
(B) acknowledged or sworn to by the grantor
before and certified by an officer authorized to take
acknowledgements or oaths, as applicable; and
(2) if the instrument is filed for recording by an
individual other than a person described by Subdivision (1), the
instrument is:
(A) signed by the grantor;
(B) acknowledged or sworn to by the grantor and
grantee in the presence of two or more credible subscribing
witnesses; and
(C) acknowledged or sworn to by the grantor, the
grantee, and each subscribing witness before and certified by an
officer authorized to take acknowledgements or oaths, as
applicable.
(b-1) An affidavit of heirship may not be recorded unless it
is:
(1) signed by the individual making the affidavit;
(2) acknowledged or sworn to by the individual making
the affidavit and each heir named in the affidavit in the presence
of two credible subscribing witnesses; and
(3) acknowledged or sworn to by the individual making
the affidavit, each heir named in the affidavit, and each
subscribing witness before and certified by an officer authorized
to take acknowledgements or oaths, as applicable.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.