Signed Into Law
Signed September 17, 2025Effective 2025-09-01
SB16

2nd Special Session

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.

Government Affairs & Regulatory Compliance Analysis

Business Impact

Who SB16 Affects

Regulatory Priority: critical

Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.

Estimated Cost Impact

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Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Immediate Action Plan

Operational Changes Required

Strategic Ambiguities & Considerations

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Quick Reference

Frequently Asked Questions

Common questions about SB16

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What does Texas SB16 do?

Senate Bill 16 fundamentally alters Texas real property recording procedures by mandating government-issued Photo ID for all in-person filings and elevating real estate fraud to a first-degree felony with a 10-year statute of limitations. This legislation impacts title companies, law firms, and courier services by creating a mandatory restitution regime for insurers and imposing strict identity verification protocols at County Clerk offices.

Q

Who authored SB16?

SB16 was authored by Texas Senator Royce West during the 2nd Special Session.

Q

When was SB16 signed into law?

SB16 was signed into law by Governor Greg Abbott on September 17, 2025.

Q

Which agencies enforce SB16?

SB16 is enforced by County Clerks (Recording requirements and ID verification), District Attorneys / Prosecutors, Law Enforcement Agencies, Office of the Attorney General (OAG) and Secretary of State (Fraudulent lien filings).

Q

How significant are the changes in SB16?

The regulatory priority for SB16 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB16?

The cost impact of SB16 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB16 address?

SB16 addresses topics including property interests, property interests--real property, county government, county government--general and courts.

Q

What are the key dates for SB16?

Key dates for SB16: Effective date is 2025-09-01. Rulemaking: Must create a form affidavit for use by TDCJ employees/board members to report fraudulent liens filed by inmates. (No specific date set, but required for operation). Consult with legal counsel regarding applicability.

Q

What are the penalties under SB16?

SB16 establishes the following penalties: criminal penalty of 2nd Degree Felony (2-20 years) for Real Property Theft/Fraud: Value of property < $300,000; criminal penalty of 1st Degree Felony (5-99 years or life) for Real Property Theft/Fraud: Value of property ≥ $300,000; criminal penalty of Enhancement to next higher category for Offense committed against elderly, disabled, non-profit owner, or involving a residence homestead. Consult with legal counsel for specific applicability to your situation.

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Which Texas businesses are affected by SB16?

SB16 primarily affects property owners and real estate professionals. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Legislative data provided by LegiScanLast updated: January 11, 2026