Bill Text: TX HB285 | 2025 | 89th Legislature 1st Special Session | Introduced
Bill Title: Relating to disclosures required to record an instrument conveying real property.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-08-06 - Filed [HB285 Detail]
Download: Texas-2025-HB285-Introduced.html
| 89S10917 SCR-D | ||
| By: Holt | H.B. No. 285 | |
|
|
||
|
|
||
| relating to disclosures required to record an instrument conveying | ||
| real property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.001, Property Code, is amended by | ||
| amending Subsection (b) and adding Subsections (b-1) and (b-2) to | ||
| read as follows: | ||
| (b) An instrument conveying real property may not be | ||
| recorded unless it is: | ||
| (1) signed and acknowledged or sworn to by the grantor | ||
| in the presence of two or more credible subscribing witnesses or | ||
| acknowledged or sworn to before and certified by an officer | ||
| authorized to take acknowledgements or oaths, as applicable; and | ||
| (2) accompanied by a notice of real property title | ||
| transfer that complies with Section 16.001. | ||
| (b-1) The notice required by Subsection (b)(2) shall be | ||
| retained by the county clerk separately from the real property | ||
| records. Subject to Subsection (b-2), a notice filed under this | ||
| section and information contained in the notice is confidential and | ||
| not subject to disclosure under Chapter 552, Government Code. | ||
| (b-2) On request of an agency of this state, the county | ||
| clerk shall disclose the notice described by Subsection (b)(2) to | ||
| the agency. A notice obtained by a state agency under this section | ||
| and information contained in the notice is confidential and not | ||
| subject to disclosure under Chapter 552, Government Code. The | ||
| notice and information may be used only for a governmental purpose. | ||
| SECTION 2. Title 3, Property Code, is amended by adding | ||
| Chapter 16 to read as follows: | ||
| CHAPTER 16. NOTICE OF REAL PROPERTY TITLE TRANSFER | ||
| Sec. 16.001. NOTICE OF REAL PROPERTY TITLE TRANSFER | ||
| REQUIRED FOR RECORDING. (a) For purposes of Section 12.001(b), an | ||
| instrument conveying real property that is filed for recording must | ||
| be accompanied by a completed notice of real property title | ||
| transfer on a form prescribed by the commissioner of the General | ||
| Land Office under Section 16.002. For purposes of this section, | ||
| "completed notice" means that the form contains: | ||
| (1) the name of the grantor and grantee; | ||
| (2) the address of the grantor and grantee; and | ||
| (3) the social security number or taxpayer | ||
| identification number of the grantor and grantee. | ||
| (b) The notice of real property transfer form must be: | ||
| (1) signed by the grantor and grantee of the | ||
| instrument under oath; or | ||
| (2) made by the grantor and grantee as an unsworn | ||
| declaration under Section 132.001, Civil Practice and Remedies | ||
| Code. | ||
| Sec. 16.002. NOTICE OF REAL PROPERTY TITLE TRANSFER FORM. | ||
| (a) The commissioner of the General Land Office by rule shall | ||
| prescribe a form for the notice of real property title transfer | ||
| required by Section 12.001(b). | ||
| (b) The form prescribed under Subsection (a) must include a | ||
| place for the grantor and grantee to state: | ||
| (1) the address and a description of the real | ||
| property; | ||
| (2) the full name, address, telephone number, | ||
| citizenship status, and social security number or taxpayer | ||
| identification number of the grantor; | ||
| (3) the full name, address, telephone number, | ||
| citizenship status, and social security number or taxpayer | ||
| identification number of the grantee; | ||
| (4) the date the instrument conveying the real | ||
| property was signed and acknowledged or sworn to by the grantor; | ||
| (5) the county in which the instrument was signed; | ||
| (6) the name and mailing address of any lienholder and | ||
| the date of lien, if applicable; | ||
| (7) the purchase price and amount of any taxes paid, if | ||
| applicable; | ||
| (8) the signature of the grantor; | ||
| (9) the signature of the grantee; | ||
| (10) the date the grantor and grantee signed the form; | ||
| and | ||
| (11) an appropriate jurat. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| an instrument that is filed for recording on or after January 1, | ||
| 2026. An instrument filed for recording before January 1, 2026, is | ||
| governed by the law in effect immediately before the effective date | ||
| of this Act, and that law is continued in effect for that purpose. | ||
| SECTION 4. Not later than December 31, 2025, the | ||
| commissioner of the General Land Office shall adopt rules necessary | ||
| for the implementation of Chapter 16, Property Code, as added by | ||
| this Act. | ||
| SECTION 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
