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A BILL TO BE ENTITLED
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AN ACT
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relating to recording requirements for certain instruments |
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concerning 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 Subsection (b-1) to read as |
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follows: |
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(b) An instrument conveying real property may not be |
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recorded unless: |
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(1) if the instrument is filed for recording by an |
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attorney, title agent, title company, or escrow company that |
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provides closing, settlement, or other comparable transaction |
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services in connection with the transfer of real property, or a |
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person acting on behalf of the attorney, agent, or company, the |
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instrument [it] is signed by the grantor and: |
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(A) [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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(B) acknowledged or sworn to by the grantor |
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before and certified by an officer authorized to take |
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acknowledgements or oaths, as applicable; and |
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(2) if the instrument is filed for recording by an |
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individual other than a person described by Subdivision (1), the |
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instrument is: |
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(A) signed by the grantor; |
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(B) acknowledged or sworn to by the grantor and |
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grantee in the presence of two or more credible subscribing |
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witnesses; and |
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(C) acknowledged or sworn to by the grantor, the |
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grantee, and each subscribing witness before and certified by an |
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officer authorized to take acknowledgements or oaths, as |
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applicable. |
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(b-1) An affidavit of heirship concerning heirship to real |
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property that is filed for recording by an individual described by |
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Subsection (b)(2) may not be recorded unless it is: |
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(1) signed by the individual making the affidavit; |
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(2) acknowledged or sworn to by the individual making |
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the affidavit and each heir to real property named in the affidavit |
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that is not under a legal disability in the presence of two credible |
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subscribing witnesses with knowledge of the facts in the affidavit; |
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and |
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(3) acknowledged or sworn to by the individual making |
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the affidavit, each heir to real property named in the affidavit |
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that is not under a legal disability, and each subscribing witness |
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with knowledge of the facts in the affidavit before and certified by |
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an officer authorized to take acknowledgements or oaths, as |
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applicable. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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