HB2519 - Relating to disclosures required to record an instrument conveying real property.

  89R9654 SCR-D     By: Holt H.B. No. 2519       A BILL TO BE ENTITLED   AN ACT   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 September 1, 2025.