89R5882 DRS-D
By: West S.B. No. 2611
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 12.01, Code of Criminal Procedure, as
amended by Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207),
422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019),
709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635),
and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session,
2023, is reenacted and amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Articles
12.015 and 12.03, felony indictments may be presented within these
limits, and not afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sex offense
against five or more victims;
(D) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of a
collision under Section 550.021, Transportation Code, if the
collision resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code;
(I) compelling prostitution under Section
43.05(a)(2) or (3), Penal Code; [or]
(J) tampering with physical evidence under
Section 37.09(a)(1) or (d)(1), Penal Code, if:
(i) the evidence tampered with is a human
corpse, as defined by that section; or
(ii) the investigation of the offense shows
that a reasonable person in the position of the defendant at the
time of the commission of the offense would have cause to believe
that the evidence tampered with is related to a criminal homicide
under Chapter 19, Penal Code;
(K) [(J)] interference with child custody under
Section 25.03(a)(3), Penal Code; or
(L) [(J)] burglary under Section 30.02, Penal
Code, if:
(i) the offense is punishable under
Subsection (d) of that section because the defendant entered a
habitation with the intent to commit an offense under Section
22.011 or 22.021, Penal Code; and
(ii) during the investigation of the
offense biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which the public servant exercises control in the
public servant's official capacity;
(C) forgery or the uttering, using, or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (9) [(8)];
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; [or]
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(I) real estate theft under Section 31.22, Penal
Code; or
(J) real estate fraud under Section 32.56, Penal
Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal
Code;
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (7); or
(K) possession or promotion of child pornography
under Section 43.26, Penal Code;
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping;
(C) [(B-1)] except as provided by Subdivision
(1) or (5), burglary;
(D) [(C)] injury to an elderly or disabled
individual that is not punishable as a felony of the first degree
under Section 22.04, Penal Code;
(E) [(D)] abandoning or endangering an [a
child,] elderly [individual,] or disabled individual;
(F) [(E)] insurance fraud;
(G) [(F)] assault under Section 22.01, Penal
Code, if the assault was committed against a person whose
relationship to or association with the defendant is described by
Section 71.0021(b), 71.003, or 71.005, Family Code;
(H) [(G)] continuous violence against the family
under Section 25.11, Penal Code; or
(I) [(H)] aggravated assault under Section
22.02, Penal Code;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) kidnapping under Section 20.03, Penal Code,
or aggravated kidnapping under Section 20.04, Penal Code; or
(B) subject to Subdivision (1)(L) [(1)(J)],
burglary under Section 30.02, Penal Code, if the offense is
punishable under Subsection (d) of that section because the
defendant entered a habitation with the intent to commit an offense
described by Subdivision (1)(B) or (D) of this article or Paragraph
(A) of this subdivision;
(6) 20 years from the 18th birthday of the victim of
one of the following offenses:
(A) trafficking of a child [persons] under
Section 20A.02(a)(5) or (6), Penal Code; or
(B) sexual performance by a child under Section
43.25, Penal Code;
(7) ten years from the 18th birthday of the victim of
the offense:
(A) injury to a child under Section 22.04, Penal
Code;
(B) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed; or
(C) [(D)] abandoning or endangering a child;
(8) [(7)] ten years from the date the offense was
discovered: trafficking of a disabled individual under Section
20A.02(a)(5) or (6), Penal Code;
(9) [(8)] two years from the date the offense was
discovered: sexual assault punishable as a state jail felony under
Section 22.011(f)(2), Penal Code; or
(10) [(9)] three years from the date of the commission
of the offense: all other felonies.
SECTION 2. Title 1, Code of Criminal Procedure, is amended
by adding Chapter 5C to read as follows:
CHAPTER 5C. PROCEDURES FOR REAL PROPERTY THEFT
Art. 5C.001. VERDICT; JUDGMENT. (a) If an offense under
Section 31.22, Penal Code, involves more than one parcel of real
property:
(1) for a case determined by a trial by jury:
(A) the verdict form shall clearly identify each
parcel of real property by street address or legal description of
the real property;
(B) the jury foreperson shall indicate whether
the jury unanimously finds that the parcel of real property is
included in the conduct constituting the offense; and
(C) the judgment must reflect the jury's verdict
for each parcel of real property that the jury unanimously finds to
be included in the conduct constituting the offense;
(2) for a case determined by a judge without a jury:
(A) the judge in rendering the verdict shall
state, for each parcel of real property, whether the judge finds the
property to be included in the conduct constituting the offense;
and
(B) the judgment must reflect the judge's finding
for each parcel of real property that the judge finds to be included
in the conduct constituting the offense; and
(3) for a case determined based on the defendant's
plea, if the indictment does not clearly identify each parcel of
real property alleged to be included in the conduct constituting
the offense, the prosecutor shall provide that information to the
court. The court shall include the information in the judgment.
(b) A judgment of conviction entered for an offense under
Section 31.22, Penal Code, must include:
(1) the street address or legal description of the
real property; and
(2) for each document that relates to the real
property that is the subject of the offense and that is recorded in
the real property records of the county, the identifying reference
number assigned to that document by the county clerk.
Art. 5C.002. JUDGMENT TO BE FILED WITH COUNTY CLERK. Not
later than the 10th day after the date the court enters a judgment
for an offense under Section 31.22, Penal Code, the prosecutor or
the court clerk, as determined by local court rule, shall file with
the county clerk:
(1) a certified copy of the judgment for recording in
the real property records of the county where the real property that
is the subject of the offense is located;
(2) a statement explaining the filing; and
(3) if the judgment does not comply with Article
5C.001(b), a certified copy of the indictment.
Art. 5C.003. EFFECT OF NONCOMPLIANCE ON JUDGMENT. A
judgment for an offense under Section 31.22, Penal Code, is not
invalid solely because the judgment fails to comply with Article
5C.001(b) or 5C.002.
SECTION 3. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0376 to read as follows:
Art. 42.0376. MANDATORY RESTITUTION FOR REAL ESTATE THEFT.
(a) Except as provided by Subsection (b) and subject to Subsection
(c), the court shall order a defendant convicted of an offense under
Section 31.22, Penal Code, to pay restitution, as applicable:
(1) for an offense under Section 31.22(b)(1), to the
owner of the real property or nonpossessory interest in real
property that is the subject of the offense in an amount equal to
the value of the real property or nonpossessory interest;
(2) for an offense under Section 31.22(b)(2), to the
owner of the benefit that is the subject of the offense in an amount
equal to the value of the benefit;
(3) to a title company or insurer that paid a claim
based on the conduct constituting the offense, in an amount equal to
the value of the payment made by the title company or insurer; or
(4) to the owner of the real property or nonpossessory
interest in real property or the owner of the benefit in an amount
equal to, as applicable:
(A) the value of losses incurred as the result of
the conduct constituting the offense, including loss of personal
property located on or in the real property that is the subject of
the offense;
(B) the cost of repairing damage caused by or
resulting from the conduct constituting the offense; or
(C) reasonable attorney's fees and court costs
related to an action brought to quiet title to or dispute the
conveyance or possession of the real property that is the subject of
the offense.
(b) The court may not order a defendant convicted of an
offense under Section 31.22(b)(1), Penal Code, to pay restitution
if, before judgment is entered in the case, the defendant:
(1) with respect to the real property or nonpossessory
interest in real property that is the subject of the offense,
executes a quitclaim deed or other instrument conveying the title
or interest to the owner of the property or interest if the
defendant is listed as the owner of the property or interest in the
county real property records;
(2) files for recording in the county property records
a copy of the quitclaim deed or other instrument; and
(3) files a certified copy of the recorded quitclaim
deed or other instrument with the court.
(c) The court shall reduce the amount of restitution that a
defendant is ordered to pay under this article by an amount equal to
the value of a payment made by a title company or insurer for a claim
based on the conduct constituting the offense to the person to whom
the court orders the defendant to pay restitution.
SECTION 4. Sections 51.901(c) and (e), Government Code, are
amended to read as follows:
(c) For purposes of this section, a document or instrument
is presumed to be fraudulent if:
(1) the document is a purported judgment or other
document purporting to memorialize or evidence an act, an order, a
directive, or process of:
(A) a purported court or a purported judicial
entity not expressly created or established under the constitution
or the laws of this state or of the United States; or
(B) a purported judicial officer of a purported
court or purported judicial entity described by Paragraph (A);
(2) the document or instrument purports to create a
lien or assert a claim against real or personal property or an
interest in real or personal property and all of the following are
true:
(A) the document or instrument is not a document
or instrument provided for by the constitution or laws of this state
or of the United States;
(B) the document or instrument is not created by
implied or express consent or agreement of the obligor, debtor, or
the owner of the real or personal property or an interest in the
real or personal property, if required under the laws of this state,
or by implied or express consent or agreement of an agent,
fiduciary, or other representative of that person; and [or]
(C) the document or instrument is not an
equitable, constructive, or other lien imposed by a court with
jurisdiction created or established under the constitution or laws
of this state or of the United States; [or]
(3) the document or instrument purports to create a
lien or assert a claim against real or personal property or an
interest in real or personal property and the document or
instrument is filed by an inmate or on behalf of an inmate; or
(4) the document or instrument purports to create a
lien or assert a claim against real or personal property or an
interest in real or personal property and the document or
instrument is referenced in a certified copy of the judgment for an
offense under Chapter 31, 32, or 37, Penal Code.
(e) A presumption under Subsection (c)(3) may be rebutted by
providing the filing officer in the filing office in which the
document is filed or recorded the original or a copy of a sworn and
notarized document signed by the obligor, debtor, or owner of the
property or interest that is designated in the document or
instrument that purports to create a lien or assert a claim against
the property or interest [as collateral] stating that the person
entered into an [a security] agreement with the inmate, including a
security agreement for which the obligor, debtor, or owner of the
property or interest [and] authorized the filing of the financing
statement as provided by Section 9.509, Business & Commerce Code.
SECTION 5. The heading to Section 51.903, Government Code,
is amended to read as follows:
Sec. 51.903. ACTION ON FRAUDULENT DOCUMENT OR INSTRUMENT
[LIEN ON PROPERTY].
SECTION 6. Sections 51.903(a), (b), (c), (e), and (g),
Government Code, are amended to read as follows:
(a) A person who owns real or personal property or an
interest in real or personal property that is the subject of a
document or instrument recorded in or filed for recording in the
records of a county, or a person who is the purported debtor or
obligor named in the document or instrument, [or who owns real or
personal property or an interest in real or personal property and]
who has reason to believe that the document or instrument
[purporting to create a lien or a claim against the real or personal
property or an interest in the real or personal property previously
filed or submitted for filing and recording] is fraudulent may
complete and file with the district clerk a motion, verified as
required by Subsection (b) [by affidavit by a completed form for
ordinary certificate of acknowledgment, of the same type described
by Section 121.007, Civil Practice and Remedies Code], that
contains, at a minimum, the information in the following suggested
form:
MISC. DOCKET NO. ______ MISC. DOCKET NO. ______
MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District In Re: A Purported In the ______ Judicial District
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________ Lien or Claim Against In and For ___________________
Lien or Claim Against In and For ___________________
(Description of Property or Name of Purported County, Texas (Description of Property or Name of Purported County, Texas
(Description of Property or Name of Purported County, Texas
( Name of Purported County, Texas ( Name of Purported County, Texas
( Name of Purported County, Texas
Debtor or Obligor) Debtor or Obligor)
Debtor or Obligor)
Motion for Judicial Review of Document [Documentation] or
Instrument Purporting to Create [a] Lien or Assert Claim Against
Real or Personal Property
Now Comes (name) and files this motion requesting a judicial
determination of the status of a document [documentation] or [an]
instrument purporting to create a lien or assert a claim against [an
interest in real or personal property or a lien or claim on] real or
personal property or an interest in real or personal property filed
in the office of the Clerk of (county name) County, Texas, and in
support of the motion would show the court as follows:
I.
(Name), movant herein, is the [purported obligor or debtor
or] person who owns the real or personal property or the interest in
real or personal property described in or the purported obligor or
debtor named in the document [documentation] or instrument attached
to this motion.
II.
On (date), in the exercise of the county clerk's official
duties as County Clerk of (county name) County, Texas, the county
clerk received and filed and recorded the attached document
[documentation] or instrument [attached hereto] and containing
(number) pages and stamped the document or instrument with the
following instrument number or other reference number: (instrument
number or reference number). The document [Said documentation] or
instrument purports to have created a lien or to assert a claim
against [on] real or personal property or an interest in real or
personal property [against one (name of purported debtor)]. The
real or personal property is described as follows:
Address of the real property:
Legal description of the real property (if different from the
legal description contained in the attached document or
instrument):
Description of personal property:
III.
Movant alleges that the attached document [documentation] or
instrument [attached hereto] is fraudulent, as described [defined]
by Section 51.901(c)(2), (3), or (4) [51.901(c)(2)], Government
Code, and that a lien purported to be created or claim purported to
be asserted by the document [documentation] or instrument is not
valid [should therefore not be accorded lien status].
IV.
Movant attests that assertions herein are true and correct.
V.
Movant does not request the court to make a finding as to any
underlying claim of the parties involved and acknowledges that this
motion does not seek to invalidate a legitimate lien. Movant
further acknowledges that movant may be subject to sanctions, as
provided by Chapter 10, Civil Practice and Remedies Code, if this
motion is determined to be frivolous.
PRAYER
Movant requests the court to review the attached document
[documentation] or instrument and enter an order determining
whether the document or instrument creates a valid lien or asserts a
valid claim [it should be accorded lien status], together with such
other orders as the court deems appropriate.
Respectfully submitted,
_________________________
(Signature and typed name and address)
(b) A motion filed under Subsection (a) must be verified by
an affidavit in substantially the following form [The completed
form for ordinary certificate of acknowledgment, of the same type
described by Section 121.007, Civil Practice and Remedies Code,
must be as follows]:
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF ______________
BEFORE ME, the undersigned authority, personally appeared
_____________, who, being by me duly sworn, deposed as follows:
"My name is _________________. I am over 21 years of age, of
sound mind, with personal knowledge of the following facts, and
fully competent to testify.
I further attest that the assertions contained in the
accompanying motion are true and correct."
Further affiant sayeth not.
____________________________
SUBSCRIBED and SWORN TO before
me, this _______ day of _____,
_______.
____________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
____________________________
My commission expires:
____________________________
(c) A motion under this section may be ruled on by a district
judge having jurisdiction over real property matters in the county
where the subject document or instrument was filed. The court's
finding may be made solely on a review of the document
[documentation] or instrument attached to the motion and without
hearing any testimonial evidence. The court's review may be made ex
parte without delay or notice of any kind. An appellate court shall
expedite review of a court's finding under this section.
(e) After reviewing the document [documentation] or
instrument attached to a motion under this section, the district
judge shall enter an appropriate finding of fact and conclusion of
law, which must be filed and indexed in the same class of records in
which the subject document [documentation] or instrument was
originally filed. A copy of the finding of fact and conclusion of
law shall be sent, by first class mail, to the movant and to the
person who filed the document or instrument for recording
[fraudulent lien or claim] at the last known address of each person
within seven days of the date that the finding of fact and
conclusion of law is issued by the judge.
(g) A suggested form order appropriate to comply with this
section is as follows:
MISC. DOCKET NO. ______ MISC. DOCKET NO. ______
MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District In Re: A Purported In the ______ Judicial District
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________ Lien or Claim Against In and For ___________________
Lien or Claim Against In and For ___________________
(Description of Property or Name of Purported County, Texas (Description of Property or Name of Purported County, Texas
(Description of Property or Name of Purported County, Texas
( Name of Purported County, Texas ( Name of Purported County, Texas
( Name of Purported County, Texas
Debtor or Obligor) Debtor or Obligor)
Debtor or Obligor)
Judicial Finding of Fact and Conclusion of Law Regarding Document
[a Documentation] or Instrument Purporting to Create [a] Lien or
Assert Claim Against Real or Personal Property
On the (number) day of (month), (year), in the above entitled
and numbered cause, this court reviewed a motion, verified by
affidavit, of (name) and the document [documentation] or instrument
attached to the motion [thereto]. No testimony was taken from any
party, nor was there any notice of the court's review, the court
having made the determination that a decision could be made solely
on review of the document [documentation] or instrument under the
authority vested in the court under Subchapter J, Chapter 51,
Government Code.
The document or instrument bears the following instrument
number or other reference number: (instrument number or reference
number)
The real or personal property purported to be subject to the
lien created or claim asserted by the document or instrument is
described as follows:
Address of the real property:
Legal description of the real property (if different from the
legal description contained in the attached document or
instrument):
Description of the personal property:
The court finds and orders as follows (only an item checked
and initialed is a valid court ruling):
_______ The court DECLINES TO AGREE to find the document or
instrument invalid, because the court finds all of the following
conditions are true:
The document [documentation] or instrument attached to the
motion [herein] IS asserted against real or personal property or an
interest in real or personal property.
The document or instrument IS (the court must check and
initial at least one of the following) [and]:
_____ [(1) IS] provided for by specific state or
federal statutes or constitutional provisions;
_____ [(2) IS] created by implied or express consent
or agreement of the obligor, debtor, or the owner of the real or
personal property or an interest in the real or personal property,
if required under the laws of this state, or by implied or express
consent or agreement of an agent, fiduciary, or other
representative of that person; or
_____ [(3) IS] an equitable, constructive, or other
lien imposed by a court of competent jurisdiction created or
established under the constitution or laws of this state or of the
United States.
There is no apparent basis to presume the document or
instrument is fraudulent under Section 51.903(c), Government Code.
_______ The court AGREES and concludes as a matter of law that the
document or instrument attached to the motion does not create a
valid lien or assert a valid claim against real or personal property
or an interest in real or personal property based on a finding that
one or more of the following conditions is true (the court must
check and initial at least one of the following) [The documentation
or instrument attached to the motion herein]:
_____ The document or instrument is not asserted against real
or personal property or an interest in real or personal property.
There is no valid lien created or claim asserted by the document or
instrument.
_____ The document or instrument is presumed to be fraudulent
under Section 51.901(c)(2), Government Code, because it:
(1) IS NOT provided for by specific state or federal
statutes or constitutional provisions;
(2) IS NOT created by implied or express consent or
agreement of the obligor, debtor, or the owner of the real or
personal property or an interest in the real or personal property,
if required under the law of this state or by implied or express
consent or agreement of an agent, fiduciary, or other
representative of that person; and
(3) IS NOT an equitable, constructive, or other lien
imposed by a court of competent jurisdiction created by or
established under the constitution or laws of this state or the
United States[; or
[(4) IS NOT asserted against real or personal property
or an interest in real or personal property. There is no valid lien
or claim created by this documentation or instrument].
_____ The document or instrument is filed by an inmate or on
behalf of an inmate and is therefore presumed fraudulent under
Section 51.901(c)(3), Government Code.
_____ The document or instrument attached to the motion is
presumed fraudulent under Section 51.901(c)(4), Government Code,
because the document or instrument is referenced in a certified
copy of the judgment for an offense under Chapter 31, 32, or 37,
Penal Code, in the following criminal action:
Cause number: ________________________,
in the _____ court of _____ County, Texas,
dated _____.
This court makes no finding as to any underlying claims of the
parties involved, and expressly limits its finding of fact and
conclusion of law to the review of a ministerial act. The county
clerk shall record [file] this finding of fact and conclusion of law
in the same class of records as the subject document
[documentation] or instrument was originally recorded [filed], and
the court directs the county clerk to index it using the same names
that were used in indexing the subject document [documentation] or
instrument.
The court further orders thus: ____________________________
________________________________________________________________
_______________________________________________________________.
SIGNED ON THIS THE ________ DAY OF ____________________.
_______________________________
DISTRICT JUDGE
________ JUDICIAL DISTRICT
_____________ COUNTY, TEXAS
SECTION 7. Chapter 31, Penal Code, is amended by adding
Section 31.22 to read as follows:
Sec. 31.22. REAL PROPERTY THEFT. (a) In this section:
(1) "Nonpossessory interest" includes an interest
that may be conveyed by a quitclaim deed or conditional transfer.
(2) "Owner" includes an owner's known successors in
interest if the owner is deceased.
(3) "Transfer" has the meaning assigned by Section
12.019, Property Code.
(b) A person commits an offense if the person:
(1) brings about or attempts to bring about a transfer
or purported transfer of title to real property or a nonpossessory
interest in real property, to any transferee or intended
transferee:
(A) without the effective consent of the owner of
the real property or the nonpossessory interest in real property;
and
(B) with the intent to deprive the owner of the
real property or the nonpossessory interest in the real property;
or
(2) sells or otherwise transfers or encumbers, or
attempts to sell or otherwise transfer or encumber, title to real
property or a nonpossessory interest in real property to or with
respect to a person in exchange for a benefit from any person:
(A) without the effective consent of the owner of
the benefit; and
(B) with the intent to deprive the owner of the
benefit.
(c) Except as provided by Subsection (e), an offense under
Subsection (b)(1) is:
(1) a felony of the second degree if it is shown on the
trial of the offense that the market value of the real property is
less than $300,000; or
(2) a felony of the first degree if it is shown on the
trial of the offense that the market value of the real property is
$300,000 or more.
(d) Except as provided by Subsection (e), an offense under
Subsection (b)(2) is:
(1) a felony of the third degree if it is shown on the
trial of the offense that the value of the benefit received is less
than $30,000;
(2) a felony of the second degree if it is shown on the
trial of the offense that the value of the benefit received is
$30,000 or more but less than $150,000; or
(3) a felony of the first degree if it is shown on the
trial of the offense that the value of the benefit received is
$150,000 or more.
(e) An offense described for purposes of punishment by
Subsections (c) and (d) is increased to the next higher category of
offense if it is shown on the trial of the offense that at the time
of the offense:
(1) the owner of the real property or nonpossessory
interest in real property or the owner of the benefit was:
(A) a person 65 years of age or older; or
(B) a nonprofit organization; or
(2) the real property was subject to a property tax
exemption under Subchapter B, Chapter 11, Tax Code, as an
individual's residence homestead as defined by Section 11.13(j),
Tax Code.
(f) For purposes of Subsection (c), the market value of real
property is the market value of that property for the tax year in
which the offense was committed, as indicated on the appraisal roll
for the appraisal district in which the property is located.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 8. Subchapter D, Chapter 32, Penal Code, is amended
by adding Section 32.56 to read as follows:
Sec. 32.56. REAL PROPERTY FRAUD. (a) In this section:
(1) "Deception" has the meaning assigned by Section
31.01.
(2) "Document" and "effective consent" have the
meanings assigned by Section 32.46.
(b) A person commits an offense if the person:
(1) intentionally or knowingly makes a materially
false or misleading written statement to obtain real property; or
(2) with the intent to defraud or harm any person:
(A) causes another person, without that person's
effective consent, to sign or execute any document affecting real
property or any person's interest in real property; or
(B) causes a public servant, without the public
servant's effective consent, to file or record any purported
judgment or other document purporting to memorialize or evidence:
(i) title to real property or any person's
interest in real property; or
(ii) a lien or claim against real property
or against any person's interest in real property.
(c) Except as provided by Subsection (d), an offense under
this section is:
(1) a felony of the second degree if it is shown on the
trial of the offense that the market value of the real property is
less than $300,000; or
(2) a felony of the first degree if it is shown on the
trial of the offense that the market value of the real property is
$300,000 or more.
(d) An offense described for purposes of punishment by
Subsection (b) is increased to the next higher category of offense
if it is shown on the trial of the offense that at the time of the
offense:
(1) the owner of the real property was:
(A) a person 65 years of age or older; or
(B) a nonprofit organization; or
(2) the real property was subject to a property tax
exemption under Subchapter B, Chapter 11, Tax Code, as an
individual's residence homestead as defined by Section 11.13(j),
Tax Code.
(e) For purposes of Subsection (c), the market value of real
property is the market value of that property for the tax year in
which the offense was committed, as indicated on the appraisal roll
for the appraisal district in which the property is located.
SECTION 9. Section 37.101(b), Penal Code, is amended to
read as follows:
(b) An offense under Subsection (a)(1) is a felony of the
third degree, unless it is shown on the trial of the offense that
the person had previously been convicted under this section on two
or more occasions, in which event the offense is a felony of the
second degree. An offense under Subsection (a)(2) or (a)(3) is a
state jail felony [Class A misdemeanor], unless the person commits
the offense with the intent to defraud or harm another, in which
event the offense is a [state jail] felony of the third degree.
SECTION 10. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 11. The changes in law made by this Act in amending
Article 12.01, Code of Criminal Procedure, do not apply to an
offense if the prosecution of that offense becomes barred by
limitation before the effective date of this Act. The prosecution
of that offense remains barred as if this Act had not taken effect.
SECTION 12. This Act takes effect September 1, 2025.
MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________
(Description of Property or Name of Purported County, Texas
( Name of Purported County, Texas
Debtor or Obligor)
MISC. DOCKET NO. ______
In Re: A Purported In the ______ Judicial District
Lien or Claim Against In and For ___________________
(Description of Property or Name of Purported County, Texas
( Name of Purported County, Texas
Debtor or Obligor)