Senate passes bill tightening recording rules and creating offenses for deed and title fraud

Senator Hinojosa explained Committee Substitute for Senate Bill 15 on the floor, saying it combines civil and criminal provisions to address deed fraud and title theft and reflects language negotiated with the governor and stakeholders.

“Deed fraud and title theft, sometimes called real property theft or property fraud, are growing crimes across Texas and across The United States,” Senator Hinojosa said, describing how sophisticated forged conveyance documents can fool clerks and how the bill was revised after a veto during the regular session.

The committee substitute requires anyone presenting an instrument in person for recording at a county clerk’s office to present a photo identification; the county clerk must log identification information for in‑person filers and provide that logged information to law enforcement or district attorneys if a later investigation determines the filing was fraudulent. The bill establishes a criminal offense for real property theft and real property fraud and sets a 10‑year statute of limitations for those offenses, Senator Hinojosa said.

Floor amendments adopted removed a bifurcated filing process and a mandatory clerk training requirement and set a uniform effective date 91 days after final passage. The Senate adopted the amendment and passed final passage by recorded vote; the floor record shows final passage with 21 ayes and 0 nays.