Bill Text: TX SB648 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to recording requirements for certain instruments concerning real property.

Sponsorship: Bipartisan Bill

Status: (Vetoed) 2025-06-22 - Vetoed by the Governor [SB648 Detail]

Download: Texas-2025-SB648-Enrolled.html

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S.B. No. 648

AN ACT
relating to recording requirements for certain instruments
concerning real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 203.002, Estates Code, is amended to
read as follows:
Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF
HEIRS. An affidavit of facts concerning the identity of a
decedent's heirs may be in substantially the following form:
AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
Before me, the undersigned authority, on this day personally
appeared __________ ("Affiant") (insert name of affiant) who, being
first duly sworn, upon his/her oath states:
1. My name is __________ (insert name of affiant), and I
live at __________ (insert address of affiant's residence). I am
personally familiar with the family and marital history of
__________ ("Decedent") (insert name of decedent), and I have
personal knowledge of the facts stated in this affidavit.
2. I knew decedent from __________ (insert date) until
__________ (insert date). Decedent died on __________ (insert date
of death). Decedent's place of death was __________ (insert place
of death). At the time of decedent's death, decedent's residence
was __________ (insert address of decedent's residence).
3. Decedent's marital history was as follows: __________
(insert marital history and, if decedent's spouse is deceased,
insert date and place of spouse's death).
4. Decedent had the following children: __________ (insert
name, birth date, name of other parent, and current address of child
or date of death of child and descendants of deceased child, as
applicable, for each child).
5. Decedent did not have or adopt any other children and did
not take any other children into decedent's home or raise any other
children, except: __________ (insert name of child or names of
children, or state "none").
6. (Include if decedent was not survived by descendants.)
Decedent's mother was: __________ (insert name, birth date, and
current address or date of death of mother, as applicable).
7. (Include if decedent was not survived by descendants.)
Decedent's father was: __________ (insert name, birth date, and
current address or date of death of father, as applicable).
8. (Include if decedent was not survived by descendants or
by both mother and father.) Decedent had the following siblings:
__________ (insert name, birth date, and current address or date of
death of each sibling and parents of each sibling and descendants of
each deceased sibling, as applicable, or state "none").
9. (Optional.) The following persons have knowledge
regarding the decedent, the identity of decedent's children, if
any, parents, or siblings, if any: __________ (insert names of
persons with knowledge, or state "none").
10. Decedent died without leaving a written will. (Modify
statement if decedent left a written will.)
11. There has been no administration of decedent's estate.
(Modify statement if there has been administration of decedent's
estate.)
12. Decedent left no debts that are unpaid, except:
__________ (insert list of debts, or state "none").
13. There are no unpaid estate or inheritance taxes, except:
__________ (insert list of unpaid taxes, or state "none").
14. To the best of my knowledge, decedent owned an interest
in the following real property: __________ (insert list of real
property in which decedent owned an interest, or state "none").
15. (Optional.) The following were the heirs of decedent:
__________ (insert names of heirs).
16. (Insert additional information as appropriate, such as
size of the decedent's estate.)
[OPTION 1]
Signed this ___ day of __________, ___.
_________________________________
(signature of affiant)
State of __________
County of __________
Sworn to and subscribed to before me on __________
(date) by __________ (insert name of affiant).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary) __________
(printed name)
My commission expires: __________
[OPTION 2 (for purposes of Section 12.001(b-1), Property
Code)]
Signed this ___ day of __________, ___.
_________________________________
(signature of affiant)
State of __________
County of __________
Sworn to and subscribed to before me on __________
(date) by __________ (insert name of affiant).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary) __________
(printed name)
My commission expires: __________
STATEMENT OF FIRST WITNESS
I am not entitled to any portion of the Decedent's estate and
I have no claim against any portion of the Decedent's estate.
Signature:________________________________________________
Print Name:___________________________________ Date:______
Address:__________________________________________________
STATEMENT OF SECOND WITNESS
I am not entitled to any portion of the Decedent's estate and
I have no claim against any portion of the Decedent's estate.
Signature:________________________________________________
Print Name:___________________________________ Date:______
Address:__________________________________________________
State of __________
County of __________
This instrument was acknowledged before me on __________
(date) by __________ (insert name of witnesses).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary) __________
(printed name)
My commission expires: __________
STATEMENT OF HEIR
I am an heir to real property of __________ ("Decedent")
(insert name of decedent).
Signature:________________________________________________
Print Name:___________________________________ Date:______
Address:__________________________________________________
State of __________
County of __________
This instrument was acknowledged before me on __________
(date) by __________ (insert name of heir).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary) __________
(printed name)
My commission expires: __________
SECTION 2. Section 12.001, Property Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) An instrument conveying real property may not be
recorded unless:
(1) if the instrument is filed for recording by an
attorney, title agent, title company, or escrow company that
provides closing, settlement, or other comparable transaction
services in connection with the transfer of real property, a public
utility, a governmental entity, or a person acting on behalf of the
attorney, agent, company, utility, or entity, the instrument [it]
is signed by the grantor and:
(A) [and] acknowledged or sworn to by the grantor
in the presence of two or more credible subscribing witnesses; or
(B) acknowledged or sworn to by the grantor
before and certified by an officer authorized to take
acknowledgements or oaths, as applicable; and
(2) if the instrument is filed for recording by an
individual other than a person described by Subdivision (1), the
instrument is:
(A) signed by the grantor;
(B) acknowledged or sworn to by the grantor in
the presence of two or more credible subscribing witnesses; and
(C) acknowledged or sworn to by the grantor and
each subscribing witness before and certified by an officer
authorized to take acknowledgements or oaths, as applicable.
(b-1) An affidavit of heirship concerning heirship to real
property that is filed for recording by a person described by
Subsection (b)(2) may not be recorded unless it is:
(1) signed by the individual making the affidavit;
(2) acknowledged or sworn to by the individual making
the affidavit in the presence of two credible subscribing
witnesses;
(3) acknowledged or sworn to by the individual making
the affidavit and each subscribing witness before and certified by
an officer authorized to take acknowledgements or oaths, as
applicable; and
(4) acknowledged or sworn to by each living heir to
real property named in the affidavit that is not under a legal
disability before and certified by an officer authorized to take
acknowledgements or oaths, as applicable.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 648 passed the Senate on
April 28, 2025, by the following vote: Yeas 26, Nays 4, one
present not voting; and that the Senate concurred in House
amendment on May 26, 2025, by the following vote: Yeas 26, Nays 4,
one present not voting.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 648 passed the House, with
amendment, on May 21, 2025, by the following vote: Yeas 117,
Nays 24, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor