89R5453 JBD-D
	By: West	S.B. No. 1734

	A BILL TO BE ENTITLED
	AN ACT
	relating to status of certain documents or instruments purporting
	to convey title to or an interest in real property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 51.901(c), Government Code, is amended
	to read as follows:
	(c)  For purposes of this section, a document or instrument
	is presumed to be fraudulent if:
	(1)  the document is a purported judgment or other
	document purporting to memorialize or evidence an act, an order, a
	directive, or process of:
	(A)  a purported court or a purported judicial
	entity not expressly created or established under the constitution
	or the laws of this state or of the United States; or
	(B)  a purported judicial officer of a purported
	court or purported judicial entity described by Paragraph (A);
	(2)  the document or instrument purports to create a
	lien or assert a claim against real or personal property or an
	interest in real or personal property and:
	(A)  is not a document or instrument provided for
	by the constitution or laws of this state or of the United States;
	(B)  is not created by implied or express consent
	or agreement of the obligor, debtor, or the owner of the real or
	personal property or an interest in the real or personal property,
	if required under the laws of this state, or by implied or express
	consent or agreement of an agent, fiduciary, or other
	representative of that person; or
	(C)  is not an equitable, constructive, or other
	lien imposed by a court with jurisdiction created or established
	under the constitution or laws of this state or of the United
	States; [or]
	(3)  the document or instrument purports to create a
	lien or assert a claim against real or personal property or an
	interest in real or personal property and the document or
	instrument is filed by an inmate or on behalf of an inmate; or
	(4)  the document or instrument purports to convey
	title to or an interest in real property and:
	(A)  a person has been convicted of an offense
	under Title 7 or Title 8, Penal Code, for conduct with respect to
	the document or instrument; or
	(B)  the document or instrument is the subject of
	an owner's affidavit and certificate of mailing filed and recorded
	in accordance with Section 5.0206, Property Code, and a
	controverting affidavit was not timely filed for recording under
	that section.
	SECTION 2.  Subchapter J, Chapter 51, Government Code, is
	amended by adding Section 51.9035 to read as follows.
	Sec. 51.9035.  ACTION ON FRAUDULENT CONVEYANCE. (a)
	Subject to Section 5.0206(c), Property Code, an owner of real
	property who has reason to believe that a document or instrument
	purporting to convey title to or an interest in the real property
	and recorded in the real property records is fraudulent may
	complete and file with the district clerk of the county in which the
	document or instrument is recorded a motion, verified as required
	by Subsection (c), to which the movant has attached:
	(1)  a copy of the document or instrument; and
	(2)  documentary evidence of:
	(A)  a person's conviction of an offense under
	Title 7 or Title 8, Penal Code, for conduct with respect to the
	document or instrument; or
	(B)  the filing and recording of an uncontroverted
	owner's affidavit and certificate of mailing under Section 5.0206,
	Property Code.
	(b)  A motion under Subsection (a) must contain, at a
	minimum, the information in the following suggested form:
	MISC. DOCKET NO. ______
	In Re: A Purported In the ______ Judicial District
	Conveyance of Title In and For ___________________
	to or an Interest in County, Texas
	(Description of Real
	Property)
	Motion for Judicial Review of Document or Instrument Purporting to
	Convey Title to or an Interest in Real Property
	Now Comes (name) and files this motion requesting a judicial
	determination of the status of a document or instrument purporting
	to convey title to or an interest in real property filed in the
	office of the County Clerk of (county name) County, Texas, and in
	support of the motion would show the court as follows:
	I.
	(Name), movant herein, is the purported person who holds
	title to the real property or the interest in the real property
	described in the attached document or instrument.
	II.
	On (date), in the exercise of the county clerk's official
	duties as County Clerk of (county name) County, Texas, the county
	clerk recorded the document or instrument attached to this motion
	and containing (number) pages. The attached document or instrument
	purports to have conveyed title to or an interest in the real
	property to (name of purported grantee).
	III.
	Movant alleges that the attached document or instrument is
	fraudulent, as described by Section 51.901(c)(4), Government Code,
	and that the document or instrument should therefore not be
	considered to convey title to or an interest in the real property
	described in the document or instrument.
	IV.
	Movant attests that the assertions herein are true and
	correct.
	V.
	Movant does not request the court to make a finding as to any
	underlying claim of the parties involved and acknowledges that this
	motion does not seek to invalidate a legitimate conveyance. Movant
	further acknowledges that movant may be subject to sanctions, as
	provided by Chapter 10, Civil Practice and Remedies Code, if this
	motion is determined to be frivolous.
	PRAYER
	Movant requests the court to review the attached document or
	instrument, the attached documentary evidence, and any relevant
	public records and enter an order determining whether the document
	or instrument should be considered to convey title to or an interest
	in the real property described in the document or instrument,
	together with such other orders as the court deems appropriate.
	Respectfully submitted,
	_______________________
	(Signature and typed name and address)
	(c)  A motion filed under Subsection (a) must be verified by
	an affidavit in substantially the following form:
	AFFIDAVIT
	THE STATE OF TEXAS
	COUNTY OF ______________
	BEFORE ME, the undersigned authority, personally appeared
	_____________, who, being by me duly sworn, deposed as follows:
	"My name is _________________.  I am over 21 years of age, of
	sound mind, with personal knowledge of the following facts, and
	fully competent to testify.
	I further attest that the assertions contained in the
	accompanying motion are true and correct."
	Further affiant sayeth not.
	____________________________
	SUBSCRIBED and SWORN TO before
	me, this _______ day of _____,
	_______.
	____________________________
	NOTARY PUBLIC, State of Texas
	Notary's printed name:
	____________________________
	My commission expires:
	____________________________
	(d)  A motion under this section may be ruled on by a district
	judge having jurisdiction over real property matters in the county
	where the document or instrument described in the motion is
	recorded. The district court may rule on the motion based solely on
	a review of the attached document or instrument, the attached
	documentary evidence, and any relevant public records without
	hearing any testimonial evidence. The court's review may be made ex
	parte without delay or notice of any kind. An appellate court shall
	expedite review of a court's finding under this section.
	(e)  The district clerk may not collect a filing fee for
	filing a motion under this section.
	(f)  After reviewing the attached document or instrument,
	the attached evidence, and any relevant public records under this
	section, the district judge shall enter an appropriate finding of
	fact and conclusion of law, which must be filed for recording and
	indexed in the same class of records in which the subject document
	or instrument was originally recorded. A copy of the finding of
	fact and conclusion of law shall be sent, by first class mail, to
	the movant and to the person who filed the document or instrument
	for recording at the last known address of each person within seven
	days after the date that the finding of fact and conclusion of law
	is issued by the judge.
	(g)  The county clerk may not collect a fee for filing a
	district judge's finding of fact and conclusion of law under this
	section.
	(h)  A suggested form for a district court's finding of fact
	and conclusion of law under Subsection (f) is as follows:
	MISC. DOCKET NO. ______
	In Re: A Purported In the ______ Judicial District
	Conveyance of Title In and For ___________________
	to or an Interest in County, Texas
	(Description of Real
	Property)
	Judicial Finding of Fact and Conclusion of Law Regarding a Document
	or Instrument Purporting to Convey Title to or an Interest in Real
	Property
	On the (number) day of (month), (year), in the above entitled
	and numbered cause, this court reviewed a motion, verified by
	affidavit, of (name) and the document or instrument attached to the
	motion, the other documentary evidence attached to the motion, and
	any relevant public records. No testimony was taken from any party,
	nor was there any notice of the court's review, the court having
	made the determination that a decision could be made solely on
	review of the document or instrument, the other documentary
	evidence, and public records under the authority vested in the
	court under Subchapter J, Chapter 51, Government Code.
	The court finds as follows (only an item checked and
	initialed is a valid court ruling):
	_______ The document or instrument attached to the motion herein
	DOES convey title to or an interest in real property and:
	(1)  IS NOT the subject of a criminal conviction for an
	offense under Title 7 or Title 8, Penal Code, for conduct with
	respect to the document or instrument; and
	(2)  IS NOT the subject of an uncontroverted owner's
	affidavit under Section 5.0206, Property Code.
	_______ The document or instrument attached to the motion herein
	DOES NOT convey title to or an interest in real property and:
	(1)  IS the subject of a criminal conviction for an
	offense under Title 7 or Title 8, Penal Code, with respect to the
	document or instrument; or
	(2)  IS the subject of an uncontroverted owner's
	affidavit under Section 5.0206, Property Code.
	This court makes no finding as to any underlying claims of the
	parties involved, and expressly limits its finding of fact and
	conclusion of law to the review of a ministerial act. The county
	clerk shall record this finding of fact and conclusion of law in the
	same class of records as the subject document or instrument was
	originally filed, and the court directs the county clerk to index it
	using the same names that were used in indexing the subject document
	or instrument.
	SIGNED ON THIS THE ________ DAY OF ____________________.
	_______________________________
	DISTRICT JUDGE
	________ JUDICIAL DISTRICT
	_____________ COUNTY, TEXAS
	SECTION 3.  Subchapter A, Chapter 5, Property Code, is
	amended by adding Sections 5.0206 and 5.0207 to read as follows:
	Sec. 5.0206.  OWNER'S AFFIDAVIT REGARDING PURPORTED
	CONVEYANCE OF TITLE OR INTEREST.  (a)  An owner of real property may
	file for recording in the real property records of the county in
	which a document or instrument purporting to convey title to or an
	interest in the real property was recorded:
	(1)  an affidavit that substantially complies with
	Subsection (e); and
	(2)  a certificate of mailing that substantially
	complies with Subsection (f).
	(b)  A property owner who files an affidavit under Subsection
	(a) shall send a copy of the filed affidavit and a letter notifying
	the grantor and grantee of the purported conveyance of the filing of
	the affidavit by registered or certified mail, return receipt
	requested, to the grantor and grantee's last known addresses.
	(c)  If an affidavit and certificate of mailing are filed and
	recorded under Subsection (a) and a controverting affidavit is not
	filed for recording in the time provided by Subsection (d), the
	property owner that filed the affidavit may bring a motion for a
	district court ruling under Section 51.9035, Government Code.
	(d)  Not later than the 120th day after the date a
	certificate of mailing was filed under Subsection (a), the grantor
	or grantee of the purported conveyance may file for recording a
	controverting affidavit in the real property records of the county
	in which the real property is located asserting that:
	(1)  the affidavit or certificate of mailing filed by
	the property owner under Subsection (a) is untrue; or
	(2)  another reason exists as to why the conveyance is
	valid.
	(e)  An affidavit filed under Subsection (a) must be in
	substantially the following form:
	OWNER'S AFFIDAVIT REGARDING PURPORTED CONVEYANCE
	Before me, the undersigned authority, on this day personally
	appeared ("Affiant(s)") (insert name of one or more affiants) who,
	being first duly sworn, upon oath states:
	(1)  My/our name is/are (insert name of Affiant(s)).
	I/we own the following described real property ("Property"):
	(describe the real property)
	(2)  This affidavit is made for the purpose of
	establishing a presumption under Section 51.901(c)(4), Government
	Code, that the document or instrument purporting to convey title to
	or an interest in the Property recorded in __________ (refer to
	recording information of the conveyance) ("Purported Conveyance")
	is fraudulent and obtaining a district court's finding of fact and
	conclusion of law under Section 51.9035, Government Code, that the
	document or instrument does not convey title to or an interest in
	the Property.
	(3)  Affiant(s) have not conveyed title to or an
	interest in the Property to any grantee other than (list any
	interests granted).
	Signed on this _____ day of __________, _____.
	____________________
	____________________
	(Signature of Affiant(s))
	State of __________
	County of __________
	SWORN TO AND SUBSCRIBED before me on the _________ day of
	__________, 20___.
	My commission expires:
	______________________
	____________________________
	Notary Public, State of Texas
	Notary's printed name:
	____________________________
	(f)  A certificate of mailing filed under Subsection (a) must
	be in substantially the following form:
	CERTIFICATE OF MAILING OF OWNER'S AFFIDAVIT REGARDING PURPORTED
	CONVEYANCE
	Before me, the undersigned authority, on this day personally
	appeared ("Affiant(s)") (insert name(s) of Affiant(s)) who, being
	first duly sworn, upon oath state(s):
	(1)  My name is/Our names are (insert name(s) of
	Affiant(s)).
	(2)  On the ____ day of __________, 20__, Affiant(s)
	caused an Owner's Affidavit Regarding Purported Conveyance to be
	recorded in (refer to affidavit recording information)
	("Affidavit").
	(3)  On the ____ day of __________, 20__, Affiant(s)
	sent a letter and a copy of the Affidavit, notifying the grantor and
	grantee of the purported conveyance of the Affiant's ownership
	claim and the filing of the Affidavit, by registered or certified
	mail, return receipt requested, to the grantor and grantee's last
	known address.
	(4)  Attached to this certificate are:
	(A)  a true and correct copy of the letter
	described by Subdivision (3) of this certificate; and
	(B)  proof of mailing of the letter described by
	Subdivision (3) of this certificate.
	Signed on the day of _________, 20 _____.
	____________________
	____________________
	(Signature of Affiant(s))
	State of __________
	County of __________
	SWORN TO AND SUBSCRIBED before me on the _________ day of
	__________, 20___.
	My commission expires:
	______________________
	____________________________
	Notary Public, State of Texas
	Notary's printed name:
	____________________________
	Sec. 5.0207.  EFFECT OF CERTAIN COURT FINDINGS ON PURPORTED
	CONVEYANCE OF TITLE OR INTEREST. A bona fide purchaser or a
	mortgagee for value or a successor or assign of a bona fide
	purchaser or mortgagee for value may rely conclusively on a
	determination in a district court's finding of fact and conclusion
	of law recorded under Section 51.9035, Government Code, that a
	document or instrument does not convey title to or an interest in
	the real property described in the document or instrument.
	SECTION 4.  This Act takes effect September 1, 2025.