| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 89R4178 SCR-D | |
| 1 | 2 | By: West S.B. No. 648 | |
| 2 | - | (In the Senate - Filed December 18, 2024; February 3, 2025, | |
| 3 | - | read first time and referred to Committee on Business & Commerce; | |
| 4 | - | April 16, 2025, reported adversely, with favorable Committee | |
| 5 | - | Substitute by the following vote: Yeas 10, Nays 0, one present not | |
| 6 | - | voting; April 16, 2025, sent to printer.) | |
| 7 | - | Click here to see the committee vote | |
| 8 | - | COMMITTEE SUBSTITUTE FOR S.B. No. 648 By: Blanco | |
| 9 | 3 | ||
| 10 | 4 | ||
| 11 | 5 | ||
| 12 | 6 | ||
| 13 | 7 | A BILL TO BE ENTITLED | |
| 14 | 8 | AN ACT | |
| 15 | 9 | relating to recording requirements for certain instruments | |
| 16 | 10 | concerning real property. | |
| 17 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 18 | 12 | SECTION 1. Section 12.001, Property Code, is amended by | |
| 19 | 13 | amending Subsection (b) and adding Subsection (b-1) to read as | |
| 20 | 14 | follows: | |
| 21 | 15 | (b) An instrument conveying real property may not be | |
| 22 | 16 | recorded unless: | |
| 23 | 17 | (1) if the instrument is filed for recording by an | |
| 24 | 18 | attorney, title agent, title company, or escrow company that | |
| 25 | - | provides closing, settlement, or other comparable transaction | |
| 26 | - | services in connection with the transfer of real property, or a | |
| 27 | - | person acting on behalf of the attorney, agent, or company, the | |
| 19 | + | provides only closing, settlement, or other comparable transaction | |
| 20 | + | services in connection with the transfer of real property, the | |
| 28 | 21 | instrument [it] is signed by the grantor and: | |
| 29 | 22 | (A) [and] acknowledged or sworn to by the grantor | |
| 30 | 23 | in the presence of two or more credible subscribing witnesses; or | |
| 31 | 24 | (B) acknowledged or sworn to by the grantor | |
| 32 | 25 | before and certified by an officer authorized to take | |
| 33 | 26 | acknowledgements or oaths, as applicable; and | |
| 34 | 27 | (2) if the instrument is filed for recording by an | |
| 35 | 28 | individual other than a person described by Subdivision (1), the | |
| 36 | 29 | instrument is: | |
| 37 | 30 | (A) signed by the grantor; | |
| 38 | 31 | (B) acknowledged or sworn to by the grantor and | |
| 39 | 32 | grantee in the presence of two or more credible subscribing | |
| 40 | 33 | witnesses; and | |
| 41 | 34 | (C) acknowledged or sworn to by the grantor, the | |
| 42 | 35 | grantee, and each subscribing witness before and certified by an | |
| 43 | 36 | officer authorized to take acknowledgements or oaths, as | |
| 44 | 37 | applicable. | |
| 45 | - | (b-1) An affidavit of heirship concerning heirship to real | |
| 46 | - | property that is filed for recording by an individual described by | |
| 47 | - | Subsection (b)(2) may not be recorded unless it is: | |
| 38 | + | (b-1) An affidavit of heirship may not be recorded unless it | |
| 39 | + | is: | |
| 48 | 40 | (1) signed by the individual making the affidavit; | |
| 49 | 41 | (2) acknowledged or sworn to by the individual making | |
| 50 | - | the affidavit and each heir to real property named in the affidavit | |
| 51 | - | that is not under a legal disability in the presence of two credible | |
| 52 | - | subscribing witnesses with knowledge of the facts in the affidavit; | |
| 53 | - | and | |
| 42 | + | the affidavit and each heir named in the affidavit in the presence | |
| 43 | + | of two credible subscribing witnesses; and | |
| 54 | 44 | (3) acknowledged or sworn to by the individual making | |
| 55 | - | the affidavit, each heir to real property named in the affidavit | |
| 56 | - | that is not under a legal disability, and each subscribing witness | |
| 57 | - | with knowledge of the facts in the affidavit before and certified by | |
| 58 | - | an officer authorized to take acknowledgements or oaths, as | |
| 59 | - | applicable. | |
| 45 | + | the affidavit, each heir named in the affidavit, and each | |
| 46 | + | subscribing witness before and certified by an officer authorized | |
| 47 | + | to take acknowledgements or oaths, as applicable. | |
| 60 | 48 | SECTION 2. This Act takes effect immediately if it receives | |
| 61 | 49 | a vote of two-thirds of all the members elected to each house, as | |
| 62 | 50 | provided by Section 39, Article III, Texas Constitution. If this | |
| 63 | 51 | Act does not receive the vote necessary for immediate effect, this | |
| 64 | 52 | Act takes effect September 1, 2025. | |
| 65 | - | * * * * * |