Texas 2025 - 89th Regular

Texas Senate Bill SB647

Filed
12/18/24  
Out of Senate Committee
4/16/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.

Impact

If enacted, SB647 would significantly impact how property transactions are handled, especially concerning the identification and management of fraudulent documents. It introduces processes that require clerks to verify the legitimacy of documents submitted for filing. This could lead to a reduction in fraudulent claims related to property and enhance the integrity of land records. The bill is designed to safeguard individuals and entities from fraudulent activities, thus reinforcing public trust in property transactions.

Summary

SB647 aims to amend the existing laws regarding the filing and recording of documents or instruments that convey interests in real or personal property. Specifically, it establishes new provisions for recognizing and handling potentially fraudulent documents. The bill mandates that county clerks must notify relevant parties when a document suggesting it creates a lien or interest in property is filed if there are reasonable grounds to suspect fraud. This aligns with an increasing emphasis on protecting property interests and ensuring legitimate transactions in real estate.

Sentiment

The sentiment around SB647 appears largely supportive, particularly among legislators and stakeholders concerned with the integrity of property records. Advocates for the bill argue that these measures are necessary to prevent fraud and protect property owners. Opponents, if any, have not been notably vocal, suggesting a general consensus on the importance of addressing fraudulent filings, although discussions may reveal varying opinions on the specific implementation details.

Contention

A point of contention may arise regarding how strictly the measures will be enforced and the additional workload imposed on county clerks. While the intent is to enhance protection against fraud, some may argue it could potentially delay legitimate transactions due to increased scrutiny of documents. The bill also raises questions about the balance between vigilance against fraud and ensuring timely and efficient processing of property transactions.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 51. Clerks
    • Section: 901
    • Section: 901
    • Section: 901
    • Section: 901

Civil Practice And Remedies Code

  • Chapter 12. Liability Related To A Fraudulent Court Record Or A Fraudulent Lien Or Claim Filed Against Real Or Personal Property
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Property Code

  • Chapter 12. Recording Of Instruments
    • Section: New Section

Companion Bills

TX HB4558

Same As Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.

Similar Bills

HI HB2416

Relating To Taxation.

HI SB3105

Relating To Taxation.

TX SB1734

Relating to status of certain documents or instruments purporting to convey title to or an interest in real property.

TX HB4531

Relating to status of certain documents or instruments purporting to convey title to or an interest in real property.

TX SB1853

Relating to an action to determine the status of certain documents or instruments purporting to convey title to or an interest in real property.

HI HB1628

Relating To Taxation.

TX SB2611

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.

TX HB1823

Relating to certain documents or instruments purporting to convey real or personal property.