Texas 2025 - 89th Regular

Texas Senate Bill SB1734 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R5453 JBD-D
1	2		By: West S.B. No. 1734
2		-	(In the Senate - Filed February 27, 2025; March 13, 2025,
3		-	read first time and referred to Committee on Jurisprudence;
4		-	April 10, 2025, reported favorably by the following vote: Yeas 5,
5		-	Nays 0; April 10, 2025, sent to printer.)
6		-	Click here to see the committee vote
	3	+
	4	+
7	5
8	6
9	7		A BILL TO BE ENTITLED
10	8		AN ACT
11	9		relating to status of certain documents or instruments purporting
12	10		to convey title to or an interest in real property.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Section 51.901(c), Government Code, is amended
15	13		to read as follows:
16	14		(c) For purposes of this section, a document or instrument
17	15		is presumed to be fraudulent if:
18	16		(1) the document is a purported judgment or other
19	17		document purporting to memorialize or evidence an act, an order, a
20	18		directive, or process of:
21	19		(A) a purported court or a purported judicial
22	20		entity not expressly created or established under the constitution
23	21		or the laws of this state or of the United States; or
24	22		(B) a purported judicial officer of a purported
25	23		court or purported judicial entity described by Paragraph (A);
26	24		(2) the document or instrument purports to create a
27	25		lien or assert a claim against real or personal property or an
28	26		interest in real or personal property and:
29	27		(A) is not a document or instrument provided for
30	28		by the constitution or laws of this state or of the United States;
31	29		(B) is not created by implied or express consent
32	30		or agreement of the obligor, debtor, or the owner of the real or
33	31		personal property or an interest in the real or personal property,
34	32		if required under the laws of this state, or by implied or express
35	33		consent or agreement of an agent, fiduciary, or other
36	34		representative of that person; or
37	35		(C) is not an equitable, constructive, or other
38	36		lien imposed by a court with jurisdiction created or established
39	37		under the constitution or laws of this state or of the United
40	38		States; [or]
41	39		(3) the document or instrument purports to create a
42	40		lien or assert a claim against real or personal property or an
43	41		interest in real or personal property and the document or
44	42		instrument is filed by an inmate or on behalf of an inmate; or
45	43		(4) the document or instrument purports to convey
46	44		title to or an interest in real property and:
47	45		(A) a person has been convicted of an offense
48	46		under Title 7 or Title 8, Penal Code, for conduct with respect to
49	47		the document or instrument; or
50	48		(B) the document or instrument is the subject of
51	49		an owner's affidavit and certificate of mailing filed and recorded
52	50		in accordance with Section 5.0206, Property Code, and a
53	51		controverting affidavit was not timely filed for recording under
54	52		that section.
55	53		SECTION 2. Subchapter J, Chapter 51, Government Code, is
56		-	amended by adding Section 51.9035 to read as follows:
	54	+	amended by adding Section 51.9035 to read as follows.
57	55		Sec. 51.9035. ACTION ON FRAUDULENT CONVEYANCE. (a)
58	56		Subject to Section 5.0206(c), Property Code, an owner of real
59	57		property who has reason to believe that a document or instrument
60	58		purporting to convey title to or an interest in the real property
61	59		and recorded in the real property records is fraudulent may
62	60		complete and file with the district clerk of the county in which the
63	61		document or instrument is recorded a motion, verified as required
64	62		by Subsection (c), to which the movant has attached:
65	63		(1) a copy of the document or instrument; and
66	64		(2) documentary evidence of:
67	65		(A) a person's conviction of an offense under
68	66		Title 7 or Title 8, Penal Code, for conduct with respect to the
69	67		document or instrument; or
70	68		(B) the filing and recording of an uncontroverted
71	69		owner's affidavit and certificate of mailing under Section 5.0206,
72	70		Property Code.
73	71		(b) A motion under Subsection (a) must contain, at a
74	72		minimum, the information in the following suggested form:
75	73		MISC. DOCKET NO. ______ MISC. DOCKET NO. ______
76	74		MISC. DOCKET NO. ______
77	75		In Re: A Purported In the ______ Judicial District In Re: A Purported In the ______ Judicial District
78	76		In Re: A Purported In the ______ Judicial District
79	77		Conveyance of Title In and For ___________________ Conveyance of Title In and For ___________________
80	78		Conveyance of Title In and For ___________________
81	79		to or an Interest in County, Texas to or an Interest in County, Texas
82	80		to or an Interest in County, Texas
83	81		(Description of Real (Description of Real
84	82		(Description of Real
85	83		Property) Property)
86	84		Property)
87	85		Motion for Judicial Review of Document or Instrument Purporting to
88	86		Convey Title to or an Interest in Real Property
89	87		Now Comes (name) and files this motion requesting a judicial
90	88		determination of the status of a document or instrument purporting
91	89		to convey title to or an interest in real property filed in the
92	90		office of the County Clerk of (county name) County, Texas, and in
93	91		support of the motion would show the court as follows:
94	92		I.
95	93		(Name), movant herein, is the purported person who holds
96	94		title to the real property or the interest in the real property
97	95		described in the attached document or instrument.
98	96		II.
99	97		On (date), in the exercise of the county clerk's official
100	98		duties as County Clerk of (county name) County, Texas, the county
101	99		clerk recorded the document or instrument attached to this motion
102	100		and containing (number) pages. The attached document or instrument
103	101		purports to have conveyed title to or an interest in the real
104	102		property to (name of purported grantee).
105	103		III.
106	104		Movant alleges that the attached document or instrument is
107	105		fraudulent, as described by Section 51.901(c)(4), Government Code,
108	106		and that the document or instrument should therefore not be
109	107		considered to convey title to or an interest in the real property
110	108		described in the document or instrument.
111	109		IV.
112	110		Movant attests that the assertions herein are true and
113	111		correct.
114	112		V.
115	113		Movant does not request the court to make a finding as to any
116	114		underlying claim of the parties involved and acknowledges that this
117	115		motion does not seek to invalidate a legitimate conveyance. Movant
118	116		further acknowledges that movant may be subject to sanctions, as
119	117		provided by Chapter 10, Civil Practice and Remedies Code, if this
120	118		motion is determined to be frivolous.
121	119		PRAYER
122	120		Movant requests the court to review the attached document or
123	121		instrument, the attached documentary evidence, and any relevant
124	122		public records and enter an order determining whether the document
125	123		or instrument should be considered to convey title to or an interest
126	124		in the real property described in the document or instrument,
127	125		together with such other orders as the court deems appropriate.
128	126		Respectfully submitted,
129	127		_______________________
130	128		(Signature and typed name and address)
131	129		(c) A motion filed under Subsection (a) must be verified by
132	130		an affidavit in substantially the following form:
133	131		AFFIDAVIT
134	132		THE STATE OF TEXAS
135	133		COUNTY OF ______________
136	134		BEFORE ME, the undersigned authority, personally appeared
137	135		_____________, who, being by me duly sworn, deposed as follows:
138	136		"My name is _________________. I am over 21 years of age, of
139	137		sound mind, with personal knowledge of the following facts, and
140	138		fully competent to testify.
141	139		I further attest that the assertions contained in the
142	140		accompanying motion are true and correct."
143	141		Further affiant sayeth not.
144	142		____________________________
145	143		SUBSCRIBED and SWORN TO before
146	144		me, this _______ day of _____,
147	145		_______.
148	146		____________________________
149	147		NOTARY PUBLIC, State of Texas
150	148		Notary's printed name:
151	149		____________________________
152	150		My commission expires:
153	151		____________________________
154	152		(d) A motion under this section may be ruled on by a district
155	153		judge having jurisdiction over real property matters in the county
156	154		where the document or instrument described in the motion is
157	155		recorded. The district court may rule on the motion based solely on
158	156		a review of the attached document or instrument, the attached
159	157		documentary evidence, and any relevant public records without
160	158		hearing any testimonial evidence. The court's review may be made ex
161	159		parte without delay or notice of any kind. An appellate court shall
162	160		expedite review of a court's finding under this section.
163	161		(e) The district clerk may not collect a filing fee for
164	162		filing a motion under this section.
165	163		(f) After reviewing the attached document or instrument,
166	164		the attached evidence, and any relevant public records under this
167	165		section, the district judge shall enter an appropriate finding of
168	166		fact and conclusion of law, which must be filed for recording and
169	167		indexed in the same class of records in which the subject document
170	168		or instrument was originally recorded. A copy of the finding of
171	169		fact and conclusion of law shall be sent, by first class mail, to
172	170		the movant and to the person who filed the document or instrument
173	171		for recording at the last known address of each person within seven
174	172		days after the date that the finding of fact and conclusion of law
175	173		is issued by the judge.
176	174		(g) The county clerk may not collect a fee for filing a
177	175		district judge's finding of fact and conclusion of law under this
178	176		section.
179	177		(h) A suggested form for a district court's finding of fact
180	178		and conclusion of law under Subsection (f) is as follows:
181	179		MISC. DOCKET NO. ______ MISC. DOCKET NO. ______
182	180		MISC. DOCKET NO. ______
183	181		In Re: A Purported In the ______ Judicial District In Re: A Purported In the ______ Judicial District
184	182		In Re: A Purported In the ______ Judicial District
185	183		Conveyance of Title In and For ___________________ Conveyance of Title In and For ___________________
186	184		Conveyance of Title In and For ___________________
187	185		to or an Interest in County, Texas to or an Interest in County, Texas
188	186		to or an Interest in County, Texas
189	187		(Description of Real (Description of Real
190	188		(Description of Real
191	189		Property) Property)
192	190		Property)
193	191		Judicial Finding of Fact and Conclusion of Law Regarding a Document
194	192		or Instrument Purporting to Convey Title to or an Interest in Real
195	193		Property
196	194		On the (number) day of (month), (year), in the above entitled
197	195		and numbered cause, this court reviewed a motion, verified by
198	196		affidavit, of (name) and the document or instrument attached to the
199	197		motion, the other documentary evidence attached to the motion, and
200	198		any relevant public records. No testimony was taken from any party,
201	199		nor was there any notice of the court's review, the court having
202	200		made the determination that a decision could be made solely on
203	201		review of the document or instrument, the other documentary
204	202		evidence, and public records under the authority vested in the
205	203		court under Subchapter J, Chapter 51, Government Code.
206	204		The court finds as follows (only an item checked and
207	205		initialed is a valid court ruling):
208	206		_______ The document or instrument attached to the motion herein
209	207		DOES convey title to or an interest in real property and:
210	208		(1) IS NOT the subject of a criminal conviction for an
211	209		offense under Title 7 or Title 8, Penal Code, for conduct with
212	210		respect to the document or instrument; and
213	211		(2) IS NOT the subject of an uncontroverted owner's
214	212		affidavit under Section 5.0206, Property Code.
215	213		_______ The document or instrument attached to the motion herein
216	214		DOES NOT convey title to or an interest in real property and:
217	215		(1) IS the subject of a criminal conviction for an
218	216		offense under Title 7 or Title 8, Penal Code, with respect to the
219	217		document or instrument; or
220	218		(2) IS the subject of an uncontroverted owner's
221	219		affidavit under Section 5.0206, Property Code.
222	220		This court makes no finding as to any underlying claims of the
223	221		parties involved, and expressly limits its finding of fact and
224	222		conclusion of law to the review of a ministerial act. The county
225	223		clerk shall record this finding of fact and conclusion of law in the
226	224		same class of records as the subject document or instrument was
227	225		originally filed, and the court directs the county clerk to index it
228	226		using the same names that were used in indexing the subject document
229	227		or instrument.
230	228		SIGNED ON THIS THE ________ DAY OF ____________________.
231	229		_______________________________
232	230		DISTRICT JUDGE
233	231		________ JUDICIAL DISTRICT
234	232		_____________ COUNTY, TEXAS
235	233		SECTION 3. Subchapter A, Chapter 5, Property Code, is
236	234		amended by adding Sections 5.0206 and 5.0207 to read as follows:
237	235		Sec. 5.0206. OWNER'S AFFIDAVIT REGARDING PURPORTED
238	236		CONVEYANCE OF TITLE OR INTEREST. (a) An owner of real property may
239	237		file for recording in the real property records of the county in
240	238		which a document or instrument purporting to convey title to or an
241	239		interest in the real property was recorded:
242	240		(1) an affidavit that substantially complies with
243	241		Subsection (e); and
244	242		(2) a certificate of mailing that substantially
245	243		complies with Subsection (f).
246	244		(b) A property owner who files an affidavit under Subsection
247	245		(a) shall send a copy of the filed affidavit and a letter notifying
248	246		the grantor and grantee of the purported conveyance of the filing of
249	247		the affidavit by registered or certified mail, return receipt
250	248		requested, to the grantor and grantee's last known addresses.
251	249		(c) If an affidavit and certificate of mailing are filed and
252	250		recorded under Subsection (a) and a controverting affidavit is not
253	251		filed for recording in the time provided by Subsection (d), the
254	252		property owner that filed the affidavit may bring a motion for a
255	253		district court ruling under Section 51.9035, Government Code.
256	254		(d) Not later than the 120th day after the date a
257	255		certificate of mailing was filed under Subsection (a), the grantor
258	256		or grantee of the purported conveyance may file for recording a
259	257		controverting affidavit in the real property records of the county
260	258		in which the real property is located asserting that:
261	259		(1) the affidavit or certificate of mailing filed by
262	260		the property owner under Subsection (a) is untrue; or
263	261		(2) another reason exists as to why the conveyance is
264	262		valid.
265	263		(e) An affidavit filed under Subsection (a) must be in
266	264		substantially the following form:
267	265		OWNER'S AFFIDAVIT REGARDING PURPORTED CONVEYANCE
268	266		Before me, the undersigned authority, on this day personally
269	267		appeared ("Affiant(s)") (insert name of one or more affiants) who,
270	268		being first duly sworn, upon oath states:
271	269		(1) My/our name is/are (insert name of Affiant(s)).
272	270		I/we own the following described real property ("Property"):
273	271		(describe the real property)
274	272		(2) This affidavit is made for the purpose of
275	273		establishing a presumption under Section 51.901(c)(4), Government
276	274		Code, that the document or instrument purporting to convey title to
277	275		or an interest in the Property recorded in __________ (refer to
278	276		recording information of the conveyance) ("Purported Conveyance")
279	277		is fraudulent and obtaining a district court's finding of fact and
280	278		conclusion of law under Section 51.9035, Government Code, that the
281	279		document or instrument does not convey title to or an interest in
282	280		the Property.
283	281		(3) Affiant(s) have not conveyed title to or an
284	282		interest in the Property to any grantee other than (list any
285	283		interests granted).
286	284		Signed on this _____ day of __________, _____.
287	285		____________________
288	286		____________________
289	287		(Signature of Affiant(s))
290	288		State of __________
291	289		County of __________
292	290		SWORN TO AND SUBSCRIBED before me on the _________ day of
293	291		__________, 20___.
294	292		My commission expires:
295	293		______________________
296	294		____________________________
297	295		Notary Public, State of Texas
298	296		Notary's printed name:
299	297		____________________________
300	298		(f) A certificate of mailing filed under Subsection (a) must
301	299		be in substantially the following form:
302	300		CERTIFICATE OF MAILING OF OWNER'S AFFIDAVIT REGARDING PURPORTED
303	301		CONVEYANCE
304	302		Before me, the undersigned authority, on this day personally
305	303		appeared ("Affiant(s)") (insert name(s) of Affiant(s)) who, being
306	304		first duly sworn, upon oath state(s):
307	305		(1) My name is/Our names are (insert name(s) of
308	306		Affiant(s)).
309	307		(2) On the ____ day of __________, 20__, Affiant(s)
310	308		caused an Owner's Affidavit Regarding Purported Conveyance to be
311	309		recorded in (refer to affidavit recording information)
312	310		("Affidavit").
313	311		(3) On the ____ day of __________, 20__, Affiant(s)
314	312		sent a letter and a copy of the Affidavit, notifying the grantor and
315	313		grantee of the purported conveyance of the Affiant's ownership
316	314		claim and the filing of the Affidavit, by registered or certified
317	315		mail, return receipt requested, to the grantor and grantee's last
318	316		known address.
319	317		(4) Attached to this certificate are:
320	318		(A) a true and correct copy of the letter
321	319		described by Subdivision (3) of this certificate; and
322	320		(B) proof of mailing of the letter described by
323	321		Subdivision (3) of this certificate.
324	322		Signed on the day of _________, 20 _____.
325	323		____________________
326	324		____________________
327	325		(Signature of Affiant(s))
328	326		State of __________
329	327		County of __________
330	328		SWORN TO AND SUBSCRIBED before me on the _________ day of
331	329		__________, 20___.
332	330		My commission expires:
333	331		______________________
334	332		____________________________
335	333		Notary Public, State of Texas
336	334		Notary's printed name:
337	335		____________________________
338	336		Sec. 5.0207. EFFECT OF CERTAIN COURT FINDINGS ON PURPORTED
339	337		CONVEYANCE OF TITLE OR INTEREST. A bona fide purchaser or a
340	338		mortgagee for value or a successor or assign of a bona fide
341	339		purchaser or mortgagee for value may rely conclusively on a
342	340		determination in a district court's finding of fact and conclusion
343	341		of law recorded under Section 51.9035, Government Code, that a
344	342		document or instrument does not convey title to or an interest in
345	343		the real property described in the document or instrument.
346	344		SECTION 4. This Act takes effect September 1, 2025.
347		-	* * * * *
	345	+
	346	+
348	347
349	348		MISC. DOCKET NO. ______
350	349
	350	+
	351	+
351	352		In Re: A Purported In the ______ Judicial District
	353	+
	354	+
352	355
353	356		Conveyance of Title In and For ___________________
354	357
	358	+
	359	+
355	360		to or an Interest in County, Texas
	361	+
	362	+
356	363
357	364		(Description of Real
358	365
	366	+
	367	+
359	368		Property)
	369	+
	370	+
360	371
361	372		MISC. DOCKET NO. ______
362	373
	374	+
	375	+
363	376		In Re: A Purported In the ______ Judicial District
	377	+
	378	+
364	379
365	380		Conveyance of Title In and For ___________________
366	381
	382	+
	383	+
367	384		to or an Interest in County, Texas
368	385
	386	+
	387	+
369	388		(Description of Real
	389	+
	390	+
370	391
371	392		Property)