By: West S.B. No. 648
(In the Senate - Filed December 18, 2024; February 3, 2025,
read first time and referred to Committee on Business & Commerce;
April 16, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 10, Nays 0, one present not
voting; April 16, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 648 By: Blanco
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 closing, settlement, or other comparable transaction
services in connection with the transfer of real property, or a
person acting on behalf of the attorney, agent, or company, 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 concerning heirship to real
property that is filed for recording by an individual described by
Subsection (b)(2) 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 to real property named in the affidavit
that is not under a legal disability in the presence of two credible
subscribing witnesses with knowledge of the facts in the affidavit;
and
(3) acknowledged or sworn to by the individual making
the affidavit, each heir to real property named in the affidavit
that is not under a legal disability, and each subscribing witness
with knowledge of the facts in the affidavit 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.
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