HB4558 - Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.

  89R4148 JTZ-D     By: Anchía H.B. No. 4558       A BILL TO BE ENTITLED   AN ACT   relating to the filing or recording of documents or instruments   conveying or purporting to convey an interest in real or personal   property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 51.901(a), (c), and (d), Government   Code, are amended to read as follows:          (a)  If a clerk of the supreme court, clerk of the court of   criminal appeals, clerk of a court of appeals, district clerk,   county clerk, district and county clerk, or municipal clerk has a   reasonable basis to believe in good faith that a document or   instrument previously filed or recorded or offered or submitted for   filing or for filing and recording is fraudulent, the clerk shall:                (1)  if the document is a purported judgment or other   document purporting to memorialize or evidence an act, an order, a   directive, or process of a purported court, provide written notice   of the filing, recording, or submission for filing or for filing and   recording to the stated or last known address of the person against   whom the purported judgment, act, order, directive, or process is   rendered; or                (2)  if the document or instrument purports to create a   lien against or assert a claim to [ on real or personal property ] or   an interest in real or personal property, provide written notice of   the filing, recording, or submission for filing or for filing and   recording to the stated or last known address of :                       (A)   the person named in the document or   instrument as the grantor, obligor , or debtor , and to any person   named as the grantee or as owning or acquiring any interest in the   real or personal property described in the document or instrument ;   and                       (B)     as applicable, the last known owner of the   property if that owner's address is different from the address of   the grantor, obligor, or debtor named in the document or   instrument .          (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 against or assert a claim to [ 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 grantor, 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.          (d)  If a county clerk believes in good faith that a document   or instrument filed , recorded, or submitted for filing or recording   with the county clerk to create a lien against or assert a claim to   or an interest in real or personal property is fraudulent, the clerk   shall:                (1)  request the assistance of the county or district   attorney to determine whether the document is fraudulent before   filing or recording the document;                (2)  request that the prospective filer provide to the   county clerk additional documentation supporting the existence of   the lien , claim, or interest , such as a contract or other document   that contains the signature of the alleged owner, debtor , grantor,   or obligor [ obligor's signature ]; [ and ]                (3)  forward any additional documentation received to   the county or district attorney ; and                 (4)     refuse to file or record the document or   instrument submitted for filing or recording if:                       (A)     the district or county attorney whose   assistance the clerk requested under Subdivision (1) determines   there is probable cause to believe the document or instrument is   fraudulent; or                       (B)     the prospective filer does not provide the   clerk the additional documentation requested under Subdivision   (2) .          SECTION 2.  Section 12.003(b), Civil Practice and Remedies   Code, is amended to read as follows:          (b)  Notwithstanding any other law, a person or a person   licensed or regulated by Title 11, Insurance Code (the Texas Title   Insurance Act), does not have a duty to disclose a fraudulent, as   described by Section 51.901(c), Government Code, court record,   document, or instrument purporting to create a lien against or   [ purporting to ] assert a claim to [ on real property ] or an interest   in real property in connection with a sale, conveyance, mortgage,   or other transfer of the real property or interest in real property.          SECTION 3.  Section 12.001(b), Property Code, is amended 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 ; and                 (2)   [ or acknowledged or ] sworn to before and certified   by an officer authorized to take acknowledgements or oaths[ , as   applicable ].          SECTION 4.  The changes in law made by this Act apply only to   a document or instrument conveying or purporting to convey an   interest in real or personal property filed, recorded, or offered   for filing or recording on or after the effective date of this Act.     A document or instrument conveying or purporting to convey an   interest in real or personal property filed, recorded, or offered   for filing or recording before the effective date of this Act is   governed by the law in effect on the day the document or instrument   was filed, recorded, or offered for filing or recording, and the   former law is continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2025.