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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosures required to record an instrument conveying |
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real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.001, Property Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
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read as follows: |
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(b) An instrument conveying real property may not be |
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recorded unless it is: |
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(1) signed and acknowledged or sworn to by the grantor |
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in the presence of two or more credible subscribing witnesses or |
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acknowledged or sworn to before and certified by an officer |
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authorized to take acknowledgements or oaths, as applicable; and |
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(2) accompanied by a notice of real property title |
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transfer that complies with Section 16.001. |
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(b-1) The notice required by Subsection (b)(2) shall be |
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retained by the county clerk separately from the real property |
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records. Subject to Subsection (b-2), a notice filed under this |
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section and information contained in the notice is confidential and |
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not subject to disclosure under Chapter 552, Government Code. |
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(b-2) On request of an agency of this state, the county |
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clerk shall disclose the notice described by Subsection (b)(2) to |
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the agency. A notice obtained by a state agency under this section |
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and information contained in the notice is confidential and not |
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subject to disclosure under Chapter 552, Government Code. The |
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notice and information may be used only for a governmental purpose. |
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SECTION 2. Title 3, Property Code, is amended by adding |
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Chapter 16 to read as follows: |
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CHAPTER 16. NOTICE OF REAL PROPERTY TITLE TRANSFER |
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Sec. 16.001. NOTICE OF REAL PROPERTY TITLE TRANSFER |
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REQUIRED FOR RECORDING. (a) For purposes of Section 12.001(b), an |
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instrument conveying real property that is filed for recording must |
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be accompanied by a completed notice of real property title |
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transfer on a form prescribed by the commissioner of the General |
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Land Office under Section 16.002. For purposes of this section, |
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"completed notice" means that the form contains: |
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(1) the name of the grantor and grantee; |
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(2) the address of the grantor and grantee; and |
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(3) the social security number or taxpayer |
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identification number of the grantor and grantee. |
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(b) The notice of real property transfer form must be: |
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(1) signed by the grantor and grantee of the |
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instrument under oath; or |
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(2) made by the grantor and grantee as an unsworn |
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declaration under Section 132.001, Civil Practice and Remedies |
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Code. |
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Sec. 16.002. NOTICE OF REAL PROPERTY TITLE TRANSFER FORM. |
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(a) The commissioner of the General Land Office by rule shall |
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prescribe a form for the notice of real property title transfer |
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required by Section 12.001(b). |
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(b) The form prescribed under Subsection (a) must include a |
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place for the grantor and grantee to state: |
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(1) the address and a description of the real |
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property; |
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(2) the full name, address, telephone number, |
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citizenship status, and social security number or taxpayer |
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identification number of the grantor; |
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(3) the full name, address, telephone number, |
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citizenship status, and social security number or taxpayer |
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identification number of the grantee; |
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(4) the date the instrument conveying the real |
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property was signed and acknowledged or sworn to by the grantor; |
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(5) the county in which the instrument was signed; |
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(6) the name and mailing address of any lienholder and |
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the date of lien, if applicable; |
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(7) the purchase price and amount of any taxes paid, if |
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applicable; |
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(8) the signature of the grantor; |
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(9) the signature of the grantee; |
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(10) the date the grantor and grantee signed the form; |
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and |
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(11) an appropriate jurat. |
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SECTION 3. The changes in law made by this Act apply only to |
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an instrument that is filed for recording on or after January 1, |
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2026. An instrument filed for recording before January 1, 2026, is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 4. Not later than December 31, 2025, the |
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commissioner of the General Land Office shall adopt rules necessary |
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for the implementation of Chapter 16, Property Code, as added by |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |