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House advances new criminal offenses and record protections for deed fraud and title theft

August 26, 2025 | HOUSE OF REPRESENTATIVES, Legislative, Texas


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House advances new criminal offenses and record protections for deed fraud and title theft
The Texas House passed Senate Bill 16, a measure creating new criminal offenses for deed fraud and other forms of real property fraud, along with recording and procedural safeguards intended to make fraudulent lien filings easier to detect and reverse. The bill cleared the House on a 138–0 recorded vote in final passage during floor action.

What the bill does

- Criminal offenses: SB 16 creates distinct criminal offenses titled “real property theft” and “real property fraud” to address fraudulent transfers or encumbrances of property using impersonation, forged documents, notary fraud and similar schemes.

- Recording procedures: The bill requires that persons filing a property transaction document in person present photo identification and that county clerks record and log that information to create a traceable record of who submitted the filing.

- Statute of limitations and restitution: SB 16 establishes a 10‑year statute of limitations for the new offenses and creates restitution mechanisms for victims; it further treats serial fraudulent conveyances as multiple, distinct crimes when separated transactions occur.

- Penalty enhancements and relief for public servants: Floor‑adopted amendments included a Harless amendment to protect certain Texas Department of Criminal Justice (TDCJ) public servants targeted by fraudulent filings made by or on behalf of incarcerated individuals. The bill also provides enhanced penalties where the victim is over 65, disabled or a nonprofit (including religious institutions), and collapses property‑value tiers so the crime's severity better reflects the harm to the victim rather than strictly market value.

Sponsor comments

Supporters described SB 16 as “among the strongest protections against deed fraud in Texas history,” citing examples of elderly and vulnerable property owners who have lost homes or titles. Lawmakers highlighted the burden on victims to clear title and the need for a specific statute to facilitate prosecution and restitution.

Vote and next steps

- Final House vote: 138 ayes, 0 nays. SB 16 passed third reading and will proceed toward enrolment and the governor.

Ending

If enacted, the measure will change both criminal law and county clerks’ intake procedures, and it directs local prosecutors and relevant state actors to use the new tools to pursue and remediate deed‑fraud schemes.

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Scribe from Workplace AI
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