SB647

SB647 strengthens the process for handling suspected fraudulent property filings, including documents claiming an ownership interest rather than only a lien. When a listed court or local clerk has a reasonable, good-faith basis to suspect fraud, the notice rule now expressly includes the named grantor and grantee and people named as owning or acquiring an interest. As applicable, notice also goes to the last known owner if that address differs from the named grantor, obligor or debtor’s address. The existing second-business-day notice deadlines remain. Section 51.901(a); Retained notice timing.

For a county clerk with a good-faith fraud concern, the law requires seeking county or district attorney assistance, requesting supporting documentation and forwarding what is received. The clerk must refuse a submitted filing if that attorney finds probable cause to believe it is fraudulent, or the filer does not provide the requested supporting material. This is not authority to reject every disputed document merely because someone objects. Section 51.901(d).

For this section, a document is presumed not fraudulent if the filer provides supporting documentation of the described kind containing the owner’s signature, or is engaged solely in real-property closing, settlement or other transactional services, including the listed attorney, title and escrow businesses. These are statutory presumptions, not guarantees of valid ownership. The additional supporting documentation is confidential under the Public Information Act and can be submitted without civil process; the act does not make all recorded deeds confidential. Sections 51.901(c-1) and (d-2).

County clerks acting in good faith are immune from liability and suit arising from filing, recording or refusing the described documents; commissioners courts may not discipline or otherwise take adverse employment action against them for that conduct. The act also updates the existing no-duty-to-disclose rule for the specified fraudulent real-property records in property transactions. Signed June 20, it took effect September 1, 2025, and applies to covered documents filed, recorded or offered on or after that date; earlier documents remain under former law. Sections 1–4; Earlier disclosure provision; History.