HB4560 - Relating to recording requirements for certain instruments concerning real property.

  89R4178 SCR-D     By: Anchía H.B. No. 4560       A BILL TO BE ENTITLED   AN ACT   relating to recording requirements for certain instruments   concerning real property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.001, Property Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  An instrument conveying real property may not be   recorded unless :                 (1)     if the instrument is filed for recording by an   attorney, title agent, title company, or escrow company that   provides only closing, settlement, or other comparable transaction   services in connection with the transfer of real property, the   instrument [ it ] is signed by the grantor and:                       (A)   [ and ] acknowledged or sworn to by the grantor   in the presence of two or more credible subscribing witnesses ; or                       (B)   acknowledged or sworn to by the grantor   before and certified by an officer authorized to take   acknowledgements or oaths, as applicable ; and                 (2)     if the instrument is filed for recording by an   individual other than a person described by Subdivision (1), the   instrument is:                       (A)  signed by the grantor;                       (B)     acknowledged or sworn to by the grantor and   grantee in the presence of two or more credible subscribing   witnesses; and                       (C)     acknowledged or sworn to by the grantor, the   grantee, and each subscribing witness before and certified by an   officer authorized to take acknowledgements or oaths, as   applicable .           (b-1)     An affidavit of heirship may not be recorded unless it   is:                 (1)  signed by the individual making the affidavit;                 (2)     acknowledged or sworn to by the individual making   the affidavit and each heir named in the affidavit in the presence   of two credible subscribing witnesses; and                 (3)     acknowledged or sworn to by the individual making   the affidavit, each heir named in the affidavit, and each   subscribing witness before and certified by an officer authorized   to take acknowledgements or oaths, as applicable.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.