The Senate on Wednesday concurred in House amendments to Senate Bill 16, a measure that creates the offenses of real property fraud and real property theft and requires identification for all in‑person filings involving real property at county clerks’ offices. Senator Hinojosa moved the concurrence; the Secretary reported 28 ayes and no nays and the motion was adopted.
The House amendment added a process for documents that create a lien on real property when those documents are filed by an inmate or on the inmate’s behalf. Under the amendment described on the floor, a property owner who believes a lien was fraudulently filed may file an affidavit with the Secretary of State. The Secretary of State must request the assistance of the Office of the Attorney General to determine whether the document was fraudulent and, if the office’s inspector general finds the filing fraudulent, file a termination statement to remove the lien. The Secretary of State may also refuse to accept a document creating a lien if the Attorney General determines it is fraudulent.
Senator Hinojosa summarized the bill and the amendment before moving concurrence. "This bill, as you will recall, creates the offense of real property fraud and real property theft," he said, and noted that "the House put an amendment requested by the Texas Department of Criminal Justice." After the summary the Senate voted to concur.
The action on SB16 was a concurrence on House amendments; the Senate did not take a final enrollment or signature step on the bill during the floor remarks recorded in the transcript. The amendment places responsibilities on the Secretary of State and the Office of the Attorney General to assist property owners and to remove fraudulent liens when identified.
Clarifying details noted on the floor included that the new filing requirements apply to "all in person filings of real property transactions" at county clerks’ offices and that the affidavit process applies specifically when a document creating a lien is filed by an inmate or on the inmate’s behalf. The transcript does not specify implementation dates or funding sources for enforcement.
The concurrence means the Senate has agreed to the House changes and the bill will proceed according to the legislature’s next procedural steps.