Proposed Texas Law Would Require New Disclosure Form to Record Real Estate Transfers
By Trey Wilson, San Antonio Real Estate Attorney and Texas Water Lawyer
A new bill filed in the Texas House by Representative Holt —House Bill 285—could significantly change the process for recording real property transfers in Texas.
If passed, this law would require anyone filing a deed or similar document to also submit a new form titled a “Notice of Real Property Title Transfer.”
This notice form would collect detailed information about both the buyer and the seller, including:
- Full legal names and addresses
- Phone numbers and citizenship status
- Social Security Numbers (SSNs) or Taxpayer Identification Numbers (TINs)
- Purchase price, lienholder details, and tax amounts paid
The form would have to be signed under oath or filed as an unsworn declaration. It would also include key information about the transaction itself—like the property address, closing date, and names of lienholders, if applicable.
While this may add another layer of paperwork, the bill does include a confidentiality provision: the notice form would not be made part of the public deed records and would be kept separate by the county clerk. It would be exempt from public disclosure under the Texas Public Information Act, though state agencies could request access for official purposes.
If enacted, the new law would take effect January 1, 2026. Only transfers filed on or after that date would be affected.
BILL SUMMARY
Title: “Relating to disclosures required to record an instrument conveying real property.*
✅ Key Provisions
1. Amendment to Property Code § 12.001
Subsection (b) is amended to require that **any instrument conveying real property** must:
(1) Be signed and acknowledged as under current law, **and**
(2) **Be accompanied by a Notice of Real Property Title Transfer** compliant with new Chapter 16.
2. Creation of New Chapter 16 in Texas Property Code – “Notice of Real Property Title Transfer”**
Section 16.001: Mandatory Disclosure Form
- Every conveyance must be accompanied by a completed notice form including:
- Names and addresses of grantor and grantee
- Their Social Security Numbers (SSNs) or Taxpayer Identification Numbers (TINs)
- Must be signed under oath or as an **unsworn declaration** under Tex. Civ. Prac. & Rem. Code § 132.001
Section 16.002: Form Requirements
- The form will be created by the Commissioner of the Texas General Land Office
- Required fields will include:
- Property description and address
- Citizenship status of grantor and grantee
- SSNs/TINs, phone numbers, lienholder information
- Purchase price and taxes paid
- Jurat and execution details
3. Confidentiality Provisions
- The Notice form is “confidential”:
- It is “not public” and “not subject to disclosure” under the Texas Public Information Act (Gov’t Code Ch. 552)
- May only be released to a “Texas state agency”, and only for “governmental purposes”
4. Applicability
- Applies only to instruments recorded on or after January 1, 2026
- Any document recorded before that date will follow current law
