Amendment
Passed on 9/17/25
This bill aims to strengthen Texas laws related to real property theft and fraud. It establishes new criminal offenses, enhances penalties for existing offenses, extends statutes of limitations, and imposes new requirements on county clerks and individuals filing real property documents. The legislation seeks to combat fraudulent real estate transactions, protect property owners (especially vulnerable populations), and improve the integrity of real property records in Texas.
The bill creates new criminal offenses of real property theft [§31.23] and real property fraud [§32.60] in the Texas Penal Code. It establishes a tiered system of penalties based on the value of the property involved, with enhanced punishments for offenses against elderly, disabled, or nonprofit victims. The legislation extends statutes of limitations for various felonies, particularly those involving minors or real property crimes. It requires county clerks to notify law enforcement of suspected fraudulent real property filings after January 1, 2026. The bill also mandates that individuals filing certain high-value real property documents provide photo identification.
The bill assigns significant responsibilities to county clerks for implementation. They are required to verify photo identification for certain real property filings and report suspected fraudulent filings to law enforcement. Prosecutors and court clerks must file judgments and orders related to real property offenses with the county clerk within 10 days. The legislation relies on existing property appraisal systems to determine market values for penalty calculations. While the bill outlines new requirements, it does not specify additional funding or resources for implementation. Enforcement will primarily fall to local law enforcement agencies and prosecutors.
The primary beneficiaries of this legislation are property owners in Texas, particularly elderly and disabled individuals and nonprofit organizations who receive enhanced protections. The bill is likely to increase administrative burdens on county clerks' offices, which must implement new procedures for document filing and fraud reporting. It may also increase caseloads for prosecutors and courts dealing with the new real property offenses. While no specific cost estimates are provided, there will likely be implementation costs for local governments. The expected outcomes include reduced real property fraud, increased prosecutions for related offenses, and improved integrity of real property records. No sunset provisions are specified in the provided information.
This bill primarily amends the Texas Penal Code, Code of Criminal Procedure, and Local Government Code. It operates within the state's authority to define and punish criminal offenses and regulate real property transactions. The legislation does not appear to preempt local laws, but it does impose new requirements on county-level officials. The bill does not explicitly address judicial review provisions. It interacts with existing Texas law on property tax exemptions and appraisals, incorporating these systems into the new criminal provisions.
Several potential challenges and concerns arise from this legislation. There may be implementation difficulties for county clerks' offices, which must adapt to new responsibilities without specified additional resources. The reliance on property appraisal values for criminal penalties could lead to inconsistencies across jurisdictions with different appraisal practices. The enhanced penalties and extended statutes of limitations may face opposition on grounds of proportionality or fairness. There could be privacy concerns related to the new photo ID requirements for property filings. The bill's focus on real property crimes may also divert law enforcement and prosecutorial resources from other areas. Additionally, the complexity of real estate transactions could make proving criminal intent challenging in some cases.