SB 648

S.B. No. 648
  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 203.002, Estates Code, is amended to
  read as follows:
         Sec. 203.002.  FORM OF AFFIDAVIT CONCERNING IDENTITY OF
  HEIRS.  An affidavit of facts concerning the identity of a
  decedent's heirs may be in substantially the following form:
  AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
         Before me, the undersigned authority, on this day personally
  appeared __________ ("Affiant") (insert name of affiant) who, being
  first duly sworn, upon his/her oath states:
         1.  My name is __________ (insert name of affiant), and I
  live at __________ (insert address of affiant's residence).  I am
  personally familiar with the family and marital history of
  __________ ("Decedent") (insert name of decedent), and I have
  personal knowledge of the facts stated in this affidavit.
         2.  I knew decedent from __________ (insert date) until
  __________ (insert date). Decedent died on __________ (insert date
  of death).  Decedent's place of death was __________ (insert place
  of death).  At the time of decedent's death, decedent's residence
  was __________ (insert address of decedent's residence).
         3.  Decedent's marital history was as follows: __________
  (insert marital history and, if decedent's spouse is deceased,
  insert date and place of spouse's death).
         4.  Decedent had the following children: __________ (insert
  name, birth date, name of other parent, and current address of child
  or date of death of child and descendants of deceased child, as
  applicable, for each child).
         5.  Decedent did not have or adopt any other children and did
  not take any other children into decedent's home or raise any other
  children, except: __________ (insert name of child or names of
  children, or state "none").
         6.  (Include if decedent was not survived by descendants.)
  Decedent's mother was: __________ (insert name, birth date, and
  current address or date of death of mother, as applicable).
         7.  (Include if decedent was not survived by descendants.)
  Decedent's father was: __________ (insert name, birth date, and
  current address or date of death of father, as applicable).
         8.  (Include if decedent was not survived by descendants or
  by both mother and father.)  Decedent had the following siblings:
  __________ (insert name, birth date, and current address or date of
  death of each sibling and parents of each sibling and descendants of
  each deceased sibling, as applicable, or state "none").
         9.  (Optional.)  The following persons have knowledge
  regarding the decedent, the identity of decedent's children, if
  any, parents, or siblings, if any: __________ (insert names of
  persons with knowledge, or state "none").
         10.  Decedent died without leaving a written will.  (Modify
  statement if decedent left a written will.)
         11.  There has been no administration of decedent's estate.
  (Modify statement if there has been administration of decedent's
  estate.)
         12.  Decedent left no debts that are unpaid, except:
  __________ (insert list of debts, or state "none").
         13.  There are no unpaid estate or inheritance taxes, except:
  __________ (insert list of unpaid taxes, or state "none").
         14.  To the best of my knowledge, decedent owned an interest
  in the following real property: __________ (insert list of real
  property in which decedent owned an interest, or state "none").
         15.  (Optional.)  The following were the heirs of decedent:
  __________ (insert names of heirs).
         16.  (Insert additional information as appropriate, such as
  size of the decedent's estate.)
         [OPTION 1]
         Signed this ___ day of __________, ___.
  _________________________________
  (signature of affiant)
         State of __________
         County of __________
               Sworn to and subscribed to before me on __________
  (date) by __________ (insert name of affiant).
  _________________________________
  (signature of notarial officer)
  (Seal, if any, of notary) __________
                           (printed name)
         My commission expires: __________
         [OPTION 2 (for purposes of Section 12.001(b-1), Property
  Code)]
         Signed this ___ day of __________, ___.
  _________________________________
  (signature of affiant)
         State of __________
         County of __________
               Sworn to and subscribed to before me on __________
  (date) by __________ (insert name of affiant).
  _________________________________
  (signature of notarial officer)
  (Seal, if any, of notary) __________
                           (printed name)
         My commission expires: __________
         STATEMENT OF FIRST WITNESS
         I am not entitled to any portion of the Decedent's estate and
  I have no claim against any portion of the Decedent's estate.
         Signature:________________________________________________
         Print Name:___________________________________ Date:______
         Address:__________________________________________________
         STATEMENT OF SECOND WITNESS
         I am not entitled to any portion of the Decedent's estate and
  I have no claim against any portion of the Decedent's estate.
         Signature:________________________________________________
         Print Name:___________________________________ Date:______
         Address:__________________________________________________
  State of __________
  County of __________
         This instrument was acknowledged before me on __________
  (date) by __________ (insert name of witnesses).
  _________________________________
  (signature of notarial officer)
  (Seal, if any, of notary) __________
                           (printed name)
         My commission expires: __________
         STATEMENT OF HEIR
         I am an heir to real property of __________ ("Decedent")
  (insert name of decedent).
         Signature:________________________________________________
         Print Name:___________________________________ Date:______
         Address:__________________________________________________
  State of __________
  County of __________
         This instrument was acknowledged before me on __________
  (date) by __________ (insert name of heir).
  _________________________________
  (signature of notarial officer)
  (Seal, if any, of notary) __________
                           (printed name)
         My commission expires: __________
         SECTION 2.  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 closing, settlement, or other comparable transaction
  services in connection with the transfer of real property, a public
  utility, a governmental entity, or a person acting on behalf of the
  attorney, agent, company, utility, or entity, 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 in
  the presence of two or more credible subscribing witnesses; and
                     (C)  acknowledged or sworn to by the grantor and
  each subscribing witness before and certified by an officer
  authorized to take acknowledgements or oaths, as applicable.
         (b-1)  An affidavit of heirship concerning heirship to real
  property that is filed for recording by a person described by
  Subsection (b)(2) 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 in the presence of two credible subscribing
  witnesses;
               (3)  acknowledged or sworn to by the individual making
  the affidavit and each subscribing witness before and certified by
  an officer authorized to take acknowledgements or oaths, as
  applicable; and
               (4)  acknowledged or sworn to by each living heir to
  real property named in the affidavit that is not under a legal
  disability before and certified by an officer authorized to take
  acknowledgements or oaths, as applicable.
         SECTION 3.  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.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I hereby certify that S.B. No. 648 passed the Senate on
  April 28, 2025, by the following vote:  Yeas 26, Nays 4, one
  present not voting; and that the Senate concurred in House
  amendment on May 26, 2025, by the following vote:  Yeas 26, Nays 4,
  one present not voting.
  ______________________________
  Secretary of the Senate    
         I hereby certify that S.B. No. 648 passed the House, with
  amendment, on May 21, 2025, by the following vote:  Yeas 117,
  Nays 24, two present not voting.
  ______________________________
  Chief Clerk of the House   
  Approved:
  ______________________________ 
              Date
  ______________________________ 
            Governor