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Texas creates criminal offenses for real property theft and fraud, sets mandatory restitution, and requires photo ID for deed recordings

Original title: Relating to real property theft and real property fraud; establishing recording requirements for certain documents concerning real property; creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations, restitution, and certain procedures with respect to those offenses.

Last action · August 19, 2025: FiledSponsor: Leo Wilson

Companion · SB 16same policy, Senate version
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Texas establishes new criminal offenses for real property theft and real property fraud, punishable as felonies ranging from the third to the first degree depending on property value and victim characteristics. The legislation requires anyone filing real property documents in person to present photo identification, mandates restitution for victims, and sets a 10-year statute of limitations for these crimes.

Why it matters

Property owners face harsher penalties for fraudulent conveyances, while victims gain explicit statutory rights to restitution and legal fees; meanwhile, anyone filing real property instruments in person must present government-issued photo identification to county clerks.

Background
  • Real property fraud involving forged deeds and fraudulent liens has been a growing concern for property owners and county recording offices across Texas. context
  • House Bill 258 was filed in the Texas House of Representatives during the 89th legislative session by Representative Leo Wilson. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Property owners

Property owners receive enhanced criminal penalties for theft of their land and gain explicit statutory rights to restitution and recovery of legal fees.

Directly affected

County clerks

County clerks must verify and copy photo identification for in-person document filings, record specific judgment information, and notify law enforcement of fraudulent filings.

Directly affected

Title companies and insurers

Title companies and insurers are eligible for direct restitution payments when they pay claims based on real property offenses.

Directly affected

Individuals accused of property crimes

Defendants face new specific felony charges, extended 10-year statutes of limitations, and mandatory restitution requirements.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What is the penalty for real property theft under the bill?
Real property theft is generally a second degree felony if the market value is less than $300,000, and a first degree felony if the market value is $300,000 or more. Penalties increase to the next higher category if the victim is elderly, disabled, a nonprofit, or if the property is a residence homestead.
Do I need to show identification when recording a deed at the county clerk's office?
Yes, anyone presenting a document in person for filing in the county real property records must present a government-issued photo identification to the county clerk.
What restitution must a convicted defendant pay?
A convicted defendant must pay restitution equal to the value of the property or benefit, amounts paid by title companies or insurers, foreseeable losses including structural or landscaping damage, and reasonable attorney's fees and court costs for actions to .
What is the statute of limitations for prosecuting real property fraud and theft?
The bill establishes a 10-year statute of limitations from the date of the commission of the offense for both real property theft and real property fraud.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · introduced in the House.

Procedural history

1 action
  1. Aug 19, 2025HouseIntroduced
    Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift99% confidence

Creation of Dedicated Property Crimes

The bill shifts real property fraud and theft from general theft and forgery statutes into dedicated criminal offenses with specific valuation tiers and restitution rules.

Connected Entities

Family Code, Government Code, Tax Code and 6 more
OrganizationFamily Code“Reference code for family violence relationships and reporting”Map →
OrganizationGovernment Code“Statutory code amended regarding county clerk duties”Map →
OrganizationTax Code“Reference code for property tax exemptions and homestead definitions”Map →
OrganizationPenal Code“Reference code for criminal offenses and definitions”Map →
OrganizationProperty Code“Statutory code amended regarding recording requirements”Map →
OrganizationLocal Government Code“Statutory code amended regarding photo identification for filing”Map →
OrganizationCode of Criminal Procedure“Statutory code amended for limitations, restitution, and procedures”Map →
OrganizationTransportation Code“Reference code for vehicle collisions”Map →
PersonLeo Wilson“Author of House Bill 258”Map →

Sources

Open source document

capitol.texas.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 85)
  • Controversy25
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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