BILL ANALYSIS

H.B. 1823

By: Sherman, Sr.

Business & Industry

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Constituents have raised concerns over property obtained through fraudulent deeds. The impact that fraudulent property transactions can have on a homeowner or landowner can be immediate and drastic, but the impacted owner's recourse is lengthy and complicated. H.B. 1823 seeks to limit the number of fraudulent property transactions by providing for in-person filing and additional review of a document or instrument that purports to convey real or personal property.

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. 1823 amends the Government Code to include a document or instrument that purports to convey real or personal property among the records that a clerk of the supreme court, clerk of the court of criminal appeals, clerk of a court of appeals, district clerk, county clerk, district and county clerk, or municipal clerk is required:

· to apply factors applicable to documents or instruments that purport to create a lien or assert a claim on real or personal property or an interest in real or personal property to ascertain a presumption of the document or instrument's fraudulence;

· to request the assistance of a county or district attorney and the prospective filer if the clerk believes in good faith that the document is fraudulent; and

· to provide for an opportunity for an inmate to rebut a presumption of fraudulence.

H.B. 1823 includes a document or instrument that purports to convey real or personal property among the documents and instruments that a person who is the purported owner of real or personal property is authorized to move a district court to review and enter an order determining whether the document or instrument should be accorded conveyance status, sets out the appropriate form for such a motion, and provides for the court's determination.

H.B. 1823 applies to a document or instrument filed or submitted for filing before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.