BILL ANALYSIS

H.B. 2186

By: Davis

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Requiring photo identification of a person presenting a document in person for filing in the real property records of a county would help protect the integrity of the filings and address the increasing number of fraudulent deed filings. The option to require such photo identification is currently restricted to a county clerk in a county with a population of 800,000 or more.  Allowing all county clerks this option would assist in the investigation of fraudulent deed cases. H.B. 2186 seeks to address this issue by extending the option to a county clerk in any county.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2186 amends the Local Government Code to extend the authority of a county clerk in a county with a population of 800,000 or more to require photo identification from a person presenting a document for filing in the county's real property records to a county clerk in any county. The bill prohibits a county clerk that imposes such a requirement from accepting a document for filing in the county's real property records if the person presents the document in person and does not have or refuses to provide a photo identification.

EFFECTIVE DATE

September 1, 2023.