HB 19

89S20003 RAL-F
		By: Anchía
  H.B. No. 19
  A BILL TO BE ENTITLED
  AN ACT
  relating to real property theft and real property fraud;
  establishing recording requirements for certain documents
  concerning real property; creating the criminal offenses of real
  property theft and real property fraud and establishing a statute
  of limitations, restitution, and certain procedures with respect to
  those offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 12.01, Code of Criminal Procedure, as
  amended by H.B. 1778, S.B. 127, and S.B. 2798, Acts of the 89th
  Legislature, Regular Session, 2025, and effective September 1,
  2025, is reenacted and amended to read as follows:
         Art. 12.01.  FELONIES.  Except as provided in Articles
  12.015 and 12.03, felony indictments may be presented within these
  limits, and not afterward:
               (1)  no limitation:
                     (A)  murder and manslaughter;
                     (B)  sexual assault under Section 22.011(a)(2),
  Penal Code, or aggravated sexual assault under Section
  22.021(a)(1)(B), Penal Code;
                     (C)  sexual assault, if:
                           (i)  during the investigation of the offense
  biological matter is collected and the matter:
                                 (a)  has not yet been subjected to
  forensic DNA testing; or
                                 (b)  has been subjected to forensic DNA
  testing and the testing results show that the matter does not match
  the victim or any other person whose identity is readily
  ascertained; or
                           (ii)  probable cause exists to believe that
  the defendant has committed the same or a similar sex offense
  against five or more victims;
                     (D)  continuous sexual abuse of young child or
  disabled individual under Section 21.02, Penal Code;
                     (E)  indecency with a child under Section 21.11,
  Penal Code;
                     (F)  an offense involving leaving the scene of a
  collision under Section 550.021, Transportation Code, if the
  collision resulted in the death of a person;
                     (G)  trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code;
                     (H)  continuous trafficking of persons under
  Section 20A.03, Penal Code;
                     (I)  compelling prostitution under Section
  43.05(a)(2) or (3), Penal Code;
                     (J)  tampering with physical evidence under
  Section 37.09(a)(1) or (d)(1), Penal Code, if:
                           (i)  the evidence tampered with is a human
  corpse, as defined by that section; or
                           (ii)  the investigation of the offense shows
  that a reasonable person in the position of the defendant at the
  time of the commission of the offense would have cause to believe
  that the evidence tampered with is related to a criminal homicide
  under Chapter 19, Penal Code;
                     (K)  interference with child custody under
  Section 25.03(a)(3), Penal Code;
                     (L)  burglary under Section 30.02, Penal Code, if:
                           (i)  the offense is punishable under
  Subsection (d) of that section because the defendant entered a
  habitation with the intent to commit an offense under Section
  22.011 or 22.021, Penal Code; and
                           (ii)  during the investigation of the
  offense biological matter is collected and the matter:
                                 (a)  has not yet been subjected to
  forensic DNA testing; or
                                 (b)  has been subjected to forensic DNA
  testing and the testing results show that the matter does not match
  the victim or any other person whose identity is readily
  ascertained;
                     (M)  failure to stop or report sexual or
  assaultive offense against child under Section 38.17, Penal Code;
  or
                     (N)  continuous promotion of prostitution under
  Section 43.032, Penal Code;
               (2)  ten years from the date of the commission of the
  offense:
                     (A)  theft of any estate, real, personal or mixed,
  by an executor, administrator, guardian or trustee, with intent to
  defraud any creditor, heir, legatee, ward, distributee,
  beneficiary or settlor of a trust interested in such estate;
                     (B)  theft by a public servant of government
  property over which the public servant exercises control in the
  public servant's official capacity;
                     (C)  forgery or the uttering, using, or passing of
  forged instruments;
                     (D)  injury to an elderly or disabled individual
  punishable as a felony of the first degree under Section 22.04,
  Penal Code;
                     (E)  sexual assault, except as provided by
  Subdivision (1) or (10) [(9)];
                     (F)  arson;
                     (G)  trafficking of persons under Section
  20A.02(a)(1), (2), (3), or (4), Penal Code; [or]
                     (H)  compelling prostitution under Section
  43.05(a)(1), Penal Code;
                     (I)  real property theft under Section 31.23,
  Penal Code; or
                     (J)  real property fraud under Section 32.60,
  Penal Code;
               (3)  seven years from the date of the commission of the
  offense:
                     (A)  an offense under Chapter 32, Penal Code,
  except as provided by Subdivision (2)(C) or (J);
                     (B)  a felony violation under Chapter 162, Tax
  Code;
                     (C)  money laundering;
                     (D)  health care fraud under Section 35A.02, Penal
  Code;
                     (E)  bigamy under Section 25.01, Penal Code,
  except as provided by Subdivision (7); or
                     (F)  possession or promotion of child pornography
  under Section 43.26, Penal Code;
               (4)  five years from the date of the commission of the
  offense:
                     (A)  theft or robbery;
                     (B)  except as provided by Subdivision (5),
  kidnapping;
                     (C)  except as provided by Subdivision (1) or (5),
  burglary;
                     (D)  injury to an elderly or disabled individual
  that is not punishable as a felony of the first degree under Section
  22.04, Penal Code;
                     (E)  abandoning or endangering an elderly or
  disabled individual;
                     (F)  insurance fraud;
                     (G)  assault under Section 22.01, Penal Code, if
  the assault was committed against a person whose relationship to or
  association with the defendant is described by Section 71.0021(b),
  71.003, or 71.005, Family Code;
                     (H)  continuous violence against the family under
  Section 25.11, Penal Code; or
                     (I)  aggravated assault under Section 22.02,
  Penal Code;
               (5)  if the investigation of the offense shows that the
  victim is younger than 17 years of age at the time the offense is
  committed, 20 years from the 18th birthday of the victim of one of
  the following offenses:
                     (A)  kidnapping under Section 20.03, Penal Code,
  or aggravated kidnapping under Section 20.04, Penal Code; or
                     (B)  subject to Subdivision (1)(L), burglary
  under Section 30.02, Penal Code, if the offense is punishable under
  Subsection (d) of that section because the defendant entered a
  habitation with the intent to commit an offense described by
  Subdivision (1)(B) or (D) of this article or Paragraph (A) of this
  subdivision;
               (6)  20 years from the 18th birthday of the victim of
  one of the following offenses:
                     (A)  trafficking of a child under Section
  20A.02(a)(5) or (6), Penal Code; or
                     (B)  sexual performance by a child under Section
  43.25, Penal Code;
               (7)  ten years from the 18th birthday of the victim of
  the offense:
                     (A)  injury to a child under Section 22.04, Penal
  Code;
                     (B)  bigamy under Section 25.01, Penal Code, if
  the investigation of the offense shows that the person, other than
  the legal spouse of the defendant, whom the defendant marries or
  purports to marry or with whom the defendant lives under the
  appearance of being married is younger than 18 years of age at the
  time the offense is committed; or
                     (C)  abandoning or endangering a child;
               (8)  ten years from the date the offense was
  discovered: trafficking of a disabled individual under Section
  20A.02(a)(5) or (6), Penal Code;
               (9)  four years from the date the offense was
  discovered:  failure to report child abuse or neglect if the offense
  is punishable as a state jail felony under Section 261.109(c),
  Family Code;
               (10)  two years from the date the offense was
  discovered:  sexual assault punishable as a state jail felony under
  Section 22.011(f)(2), Penal Code; or
               (11)  three years from the date of the commission of the
  offense:  all other felonies.
         SECTION 2.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 5C to read as follows:
  CHAPTER 5C.  PROCEDURES FOR REAL PROPERTY THEFT AND FRAUD
         Art. 5C.001.  INFORMATION TO BE INCLUDED IN JUDGMENT OR
  ORDER.  For an offense under Section 31.23 or 32.60, Penal Code, the
  judgment of conviction or order of deferred adjudication must
  include:
               (1)  the street address or legal description of the
  real property that the court finds to be included in the conduct
  constituting the offense; and
               (2)  the identifying reference number assigned by the
  county clerk to each document:
                     (A)  that relates to real property that the court
  finds to be included in the conduct constituting the offense; and
                     (B)  that is recorded in the real property records
  of the county.
         Art. 5C.002.  JUDGMENT OR ORDER TO BE FILED WITH COUNTY
  CLERK.  Not later than the 10th day after the date the court enters a
  judgment of conviction or order of deferred adjudication for an
  offense under Section 31.23 or 32.60, Penal Code, the prosecutor or
  court clerk, as determined by local court rule, shall file with the
  county clerk:
               (1)  a certified copy of the judgment or order for
  recording in the real property records of the county where the real
  property that is the subject of the offense is located;
               (2)  a statement explaining the filing; and
               (3)  if the judgment or order does not comply with
  Article 5C.001, a certified copy of the indictment.
         Art. 5C.003.  EFFECT OF NONCOMPLIANCE.  A judgment of
  conviction or order of deferred adjudication for an offense under
  Section 31.23 or 32.60, Penal Code, is not invalid solely because
  the judgment or order fails to comply with Article 5C.001 or 5C.002.
         SECTION 3.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0376 to read as follows:
         Art. 42.0376.  RESTITUTION FOR REAL PROPERTY THEFT.  (a)
  Except as provided by Subsection (b) and subject to Subsection (c),
  the court shall order a defendant convicted of or placed on deferred
  adjudication community supervision for an offense under Section
  31.23, Penal Code, to pay restitution, as applicable:
               (1)  for an offense under Section 31.23(b)(1), to the
  owner of the real property or nonpossessory interest in real
  property that is the subject of the offense in an amount equal to
  the value of the real property or nonpossessory interest; 
               (2)  for an offense under Section 31.23(b)(2), to the
  owner of the benefit that is the subject of the offense in an amount
  equal to the value of the benefit;
               (3)  to a title company or insurer that paid a claim
  based on the conduct constituting the offense, in an amount equal to
  the value of the payment made by the title company or insurer; or
               (4)  to the owner of the real property or nonpossessory
  interest in real property or the owner of the benefit in an amount
  equal to, as applicable:
                     (A)  the value of losses incurred as a reasonably
  foreseeable result of the conduct constituting the offense,
  including loss of or damage to:
                           (i)  personal property, including machinery
  or vehicles located on or in the real property that is the subject
  of the offense;
                           (ii)  trees, landscaping, flora, and growing
  or harvested agricultural commodities placed or maintained on the
  real property by the owner, regardless of the state of growth; or
                           (iii)  a structure attached to the real
  property that is not included in the market value of the property
  for the tax year in which the offense was committed, as indicated on
  the appraisal roll for the appraisal district in which the real
  property is located; or
                     (B)  reasonable attorney's fees and court costs
  related to an action brought to quiet title to or dispute the
  conveyance or possession of the real property that is the subject of
  the offense.
         (b)  The court may not order a defendant convicted of or
  placed on deferred adjudication community supervision for an
  offense under Section 31.23(b)(1), Penal Code, to pay restitution
  under Subsection (a)(1) if, before a judgment of conviction or
  order of deferred adjudication is entered in the case, the
  defendant:
               (1)  is listed in the county real property records as
  the owner of the real property or nonpossessory interest in real
  property that is the subject of the offense;
               (2)  executes a quitclaim deed or other instrument
  conveying the title or interest to the owner of the property or
  interest;
               (3)  files for recording in the county real property
  records the quitclaim deed or other instrument; and
               (4)  provides to the court a certified copy of the
  recorded quitclaim deed or other instrument.
         (c)  The court shall reduce the amount of restitution that a
  defendant is ordered to pay under Subsection (a)(1) by an amount
  equal to the value of a payment made by a title company or insurer
  for a claim based on the conduct constituting the offense to the
  person to whom the court orders the defendant to pay restitution.
         SECTION 4.  Section 51.901, Government Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  If an individual advises a county clerk that a document
  or instrument that purports to convey an interest in real property
  and that was filed for recording with the county clerk after January
  1, 2026, is fraudulent, the county clerk shall provide to law
  enforcement with jurisdiction in the area where the real property
  is located notice of the allegation and the photo identification
  information provided to the county clerk under Section 191.010(b),
  Local Government Code, by the person who presented the document or
  instrument to the county clerk for filing.
         SECTION 5.  The heading to Section 191.010, Local Government
  Code, is amended to read as follows:
         Sec. 191.010.  AUTHORITY TO REQUIRE PHOTO IDENTIFICATION TO
  FILE CERTAIN DOCUMENTS [IN CERTAIN COUNTIES].
         SECTION 6.  Section 191.010(b), Local Government Code, is
  amended to read as follows:
         (b)  A county clerk shall [in a county that allows for
  electronic filing of documents in the real property records of the
  county may] require a person presenting a document in person for
  filing in the real property records of the county to present a photo
  identification to the clerk.  The clerk shall [may] copy the photo
  identification or record information from the photo
  identification.  The clerk may not charge a person a fee to copy or
  record the information from a photo identification.
         SECTION 7.  Section 31.01(4), Penal Code, is amended to read
  as follows:
               (4)  "Appropriate" means:
                     (A)  to bring about a transfer or purported
  transfer of title to or other nonpossessory interest in property
  other than real property, whether to the actor or another; or
                     (B)  to acquire or otherwise exercise control over
  property other than real property.
         SECTION 8.  Chapter 31, Penal Code, is amended by adding
  Section 31.23 to read as follows:
         Sec. 31.23.  REAL PROPERTY THEFT.  (a)  In this section:
               (1)  "Disabled individual" and "elderly individual" 
  have the meanings assigned by Section 22.04.
               (2)  "Nonpossessory interest" includes an interest
  that may be conveyed by a quitclaim deed or conditional transfer.
               (3)  "Owner" includes an owner's estate and known
  successors in interest if the owner is deceased.
               (4)  "Transfer" has the meaning assigned by Section
  12.019, Property Code.
         (b)  A person commits an offense if the person:
               (1)  brings about or attempts to bring about a transfer
  or purported transfer of real property or title to real property or
  a nonpossessory interest in real property, to any transferee or
  intended transferee:
                     (A)  without the effective consent of the owner of
  the real property or the nonpossessory interest in real property;
  and
                     (B)  with the intent to deprive the owner of the
  real property or the nonpossessory interest in the real property;
  or
               (2)  sells or otherwise transfers or encumbers, or
  attempts to sell or otherwise transfer or encumber, real property
  or title to real property or a nonpossessory interest in real
  property to or with respect to a person in exchange for a benefit
  from any person:
                     (A)  without the effective consent of the owner of
  the benefit;  and
                     (B)  with the intent to deprive the owner of the
  benefit.
         (c)  Except as provided by Subsection (e), an offense under
  Subsection (b)(1) is:
               (1)  a felony of the second degree if it is shown on the
  trial of the offense that the market value of the real property is
  less than $300,000; or
               (2)  a felony of the first degree if it is shown on the
  trial of the offense that the market value of the real property is
  $300,000 or more.
         (d)  Except as provided by Subsection (e), an offense under
  Subsection (b)(2) is:
               (1)  a felony of the third degree if it is shown on the
  trial of the offense that the value of the benefit received is less
  than $30,000;
               (2)  a felony of the second degree if it is shown on the
  trial of the offense that the value of the benefit received is
  $30,000 or more but less than $150,000; or
               (3)  a felony of the first degree if it is shown on the
  trial of the offense that the value of the benefit received is
  $150,000 or more.
         (e)  An offense described for purposes of punishment by
  Subsections (c) and (d) is increased to the next higher category of
  offense if it is shown on the trial of the offense that at the time
  of the offense:
               (1)  the owner of the real property or nonpossessory
  interest in real property or the owner of the benefit was:
                     (A)  an elderly individual;
                     (B)  a disabled individual; or
                     (C)  a nonprofit organization; or
               (2)  the real property was subject to a property tax
  exemption under Subchapter B, Chapter 11, Tax Code, as an
  individual's residence homestead as defined by Section 11.13(j),
  Tax Code.
         (f)  For purposes of Subsection (c), the market value of real
  property is the market value of that property for the tax year in
  which the offense was committed, as indicated on the appraisal roll
  for the appraisal district in which the property is located.
         (g)  If conduct that constitutes an offense under this
  section also constitutes an offense under another law, the actor
  may be prosecuted under this section, the other law, or both.
         SECTION 9.  Subchapter D, Chapter 32, Penal Code, is amended
  by adding Section 32.60 to read as follows:
         Sec. 32.60.  REAL PROPERTY FRAUD.  (a)  In this section:
               (1)  "Deception" has the meaning assigned by Section
  31.01.
               (2)  "Disabled individual" and "elderly individual" 
  have the meanings assigned by Section 22.04.
               (3)  "Document" and "effective consent" have the
  meanings assigned by Section 32.46.
         (b)  A person commits an offense if the person:
               (1)  intentionally or knowingly makes a materially
  false or misleading written statement to obtain real property; or
               (2)  with the intent to defraud or harm any person:
                     (A)  causes another person, without that person's
  effective consent, to sign or execute any document affecting real
  property or any person's interest in real property; or
                     (B)  causes a public servant, without the public
  servant's effective consent, to file or record any purported
  judgment or other document purporting to memorialize or evidence:
                           (i)  title to real property or any person's
  interest in real property; or
                           (ii)  a lien or claim against real property
  or against any person's interest in real property.
         (c)  Except as provided by Subsection (d), an offense under
  this section is:
               (1)  a felony of the second degree if it is shown on the
  trial of the offense that the market value of the real property or
  the value of the interest in the real property is less than
  $300,000; or
               (2)  a felony of the first degree if it is shown on the
  trial of the offense that the market value of the real property or
  the value of the interest in the real property is $300,000 or more.
         (d)  An offense described for purposes of punishment by
  Subsection (c) is increased to the next higher category of offense
  if it is shown on the trial of the offense that at the time of the
  offense:
               (1)  the owner of the real property was:
                     (A)  an elderly individual;
                     (B)  a disabled individual; or
                     (C)  a nonprofit organization; or
               (2)  the real property was subject to a property tax
  exemption under Subchapter B, Chapter 11, Tax Code, as an
  individual's residence homestead as defined by Section 11.13(j),
  Tax Code.
         (e)  For purposes of Subsection (c), the market value of real
  property is the market value of that property for the tax year in
  which the offense was committed, as indicated on the appraisal roll
  for the appraisal district in which the property is located.
         SECTION 10.  Section 12.001(b), Property Code, is amended to
  read as follows:
         (b)  An instrument conveying real property may not be
  recorded unless:
               (1)  it is signed and acknowledged or sworn to by the
  grantor in the presence of two or more credible subscribing
  witnesses or acknowledged or sworn to before and certified by an
  officer authorized to take acknowledgements or oaths, as
  applicable; and
               (2)  any individual presenting the instrument in person
  for recording presents a photo identification to the county clerk
  as required by Section 191.010, Local Government Code.
         SECTION 11.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 12.  The changes in law made by this Act in amending
  Article 12.01, Code of Criminal Procedure, do not apply to an
  offense if the prosecution of that offense becomes barred by
  limitation before the effective date of this Act.  The prosecution
  of that offense remains barred as if this Act had not taken effect.
         SECTION 13.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect on the 91st day after the last
  day of the legislative session.
         (b)  Section 51.901(g), Government Code, as added by this
  Act, takes effect January 1, 2026.