Anchía’s bill tightening deed recording rules

The text as introduced · 370 words

89R4178 SCR-D

By: Anchía
H.B. No. 4560

A BILL TO BE ENTITLED

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 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 only closing, settlement, or other comparable transaction

services in connection with the transfer of real property, 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 and

grantee in the presence of two or more credible subscribing

witnesses; and

(C) acknowledged or sworn to by the grantor, the

grantee, and each subscribing witness before and certified by an

officer authorized to take acknowledgements or oaths, as

applicable .

(b-1) An affidavit of heirship 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 and each heir named in the affidavit in the presence

of two credible subscribing witnesses; and

(3) acknowledged or sworn to by the individual making

the affidavit, each heir named in the affidavit, and each

subscribing witness before and certified by an officer authorized

to take acknowledgements or oaths, as applicable.

SECTION 2. 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.