SB 647

S.B. No. 647
  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.  Section 51.901, Government Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsections
  (c-1), (d-1), and (d-2) 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.
         (c-1)  For purposes of this section, a document or instrument
  is presumed to not be fraudulent if the prospective filer:
               (1)  provides to the county clerk, at the time of filing
  or on the clerk's request, additional documentation such as a
  contract for the sale of or another document creating a lien against
  or asserting a claim to the property subject to the document or
  instrument that contains the signature of the property owner; or
               (2)  is a person engaged solely in the business of
  providing closing, settlement, or other transactional services in
  connection with the transfer of real property, including an
  attorney, title agent, title company, or escrow company.
         (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 or instrument is
  fraudulent before filing or recording the document or instrument;
               (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).
         (d-1)  A county clerk who, in good faith, files or records,
  or refuses to file or record, a document or instrument described by
  Subsection (d) is immune from liability and suit arising out of the
  filing, recording, or refusal to file or record the document or
  instrument.  A county commissioners court may not discipline,
  penalize, or otherwise take an adverse employment action against
  the clerk for that filing, recording, or refusal.
         (d-2)  The additional documentation described by Subsection
  (c-1) or (d)(2):
               (1)  is confidential and exempt from disclosure under
  Chapter 552; and
               (2)  may be submitted to a county clerk by an individual
  or entity without civil process.
         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.  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 4.  This Act takes effect September 1, 2025.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I hereby certify that S.B. No. 647 passed the Senate on
  April 29, 2025, by the following vote:  Yeas 29, Nays 1, one
  present not voting; and that the Senate concurred in House
  amendment on May 26, 2025, by the following vote:  Yeas 29, Nays 1,
  one present not voting.
  ______________________________
  Secretary of the Senate    
         I hereby certify that S.B. No. 647 passed the House, with
  amendment, on May 21, 2025, by the following vote:  Yeas 116,
  Nays 25, two present not voting.
  ______________________________
  Chief Clerk of the House   
  Approved:
  ______________________________ 
              Date
  ______________________________ 
            Governor