89R11320 JBD-F     By: West S.B. No. 1853       A BILL TO BE ENTITLED   AN ACT   relating to an action to determine the status of certain documents   or instruments purporting to convey title to or an interest in real   property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter J, Chapter 51, Government Code, is   amended by adding Section 51.9035 to read as follows.          Sec. 51.9035.  ACTION ON FRAUDULENT CONVEYANCE. (a)  An   owner of real property who has reason to believe that a document or   instrument purporting to convey title to or an interest in the real   property and recorded in the real property records is fraudulent   may complete and file with the district clerk of the county in which   the document or instrument is recorded a motion, verified as   required by Subsection (c), to which the movant has attached a copy   of the document or instrument.          (b)  A motion under Subsection (a) must contain, at a   minimum, the information in the following suggested form:   MISC. DOCKET NO. ______   In Re: A Purported In the ______ Judicial District   Conveyance of Title In and For ___________________   to or an Interest in County, Texas   (Description of Real   Property)   Motion for Judicial Review of Document or Instrument Purporting to   Convey Title to or an Interest in Real Property          Now Comes (name) and files this motion requesting a judicial   determination of the status of a document or instrument purporting   to convey title to or an interest in real property filed in the   office of the County Clerk of (county name) County, Texas, and in   support of the motion would show the court as follows:   I.          (Name), movant herein, is the owner of the real property   described in the attached document or instrument.   II.          On (date), in the exercise of the county clerk's official   duties as County Clerk of (county name) County, Texas, the county   clerk recorded the document or instrument attached to this motion   and containing (number) pages. The attached document or instrument   purports to have conveyed title to or an interest in the real   property to (name of purported grantee).   III.          Movant alleges that the attached document or instrument is   fraudulent, as described by Section 51.901(c)(2), Government Code,   and that the document or instrument should therefore not be   considered to convey title to or an interest in the real property   described in the document or instrument.   IV.          Movant attests that the assertions herein are true and   correct.   V.          Movant acknowledges that movant may be subject to sanctions,   as provided by Chapter 10, Civil Practice and Remedies Code, if this   motion is determined to be frivolous.   PRAYER          Movant requests the court to review the attached document or   instrument and enter an order determining whether the document or   instrument should be considered to convey title to or an interest in   the real property described in the document or instrument, together   with such other orders as the court deems appropriate.                                                  Respectfully submitted,                                                  _______________________   (Signature and typed name and address)          (c)  A motion filed under Subsection (a) must be verified by   an affidavit in substantially the following form:   AFFIDAVIT   THE STATE OF TEXAS   COUNTY OF ______________          BEFORE ME, the undersigned authority, personally appeared   _____________, who, being by me duly sworn, deposed as follows:          "My name is _________________.  I am over 21 years of age, of   sound mind, with personal knowledge of the following facts, and   fully competent to testify.          I further attest that the assertions contained in the   accompanying motion are true and correct."   Further affiant sayeth not.   ____________________________   SUBSCRIBED and SWORN TO before   me, this _______ day of _____,   _______.   ____________________________   NOTARY PUBLIC, State of Texas   Notary's printed name:   ____________________________   My commission expires:   ____________________________          (d)  A motion under this section may be ruled on by a district   judge having jurisdiction over real property matters in the county   where the document or instrument described in the motion is   recorded. The district court may rule on the motion based solely on   a review of the attached document or instrument without hearing any   testimonial evidence. The court's review may be made ex parte   without delay or notice of any kind. An appellate court shall   expedite review of a court's finding under this section.          (e)  The district clerk may not collect a filing fee for   filing a motion under this section.          (f)  After reviewing the attached document or instrument   under this section, the district judge shall enter an appropriate   finding of fact and conclusion of law, which must be filed for   recording and indexed in the same class of records in which the   subject document or instrument was originally recorded. A copy of   the finding of fact and conclusion of law shall be sent, by first   class mail, to the movant and to the person who filed the document   or instrument for recording at the last known address of each person   within seven days after the date that the finding of fact and   conclusion of law is issued by the judge.          (g)  The county clerk may not collect a fee for filing a   district judge's finding of fact and conclusion of law under this   section.          (h)  A suggested form for a district court's finding of fact   and conclusion of law under Subsection (f) is as follows:   MISC. DOCKET NO. ______   In Re: A Purported In the ______ Judicial District   Conveyance of Title In and For ___________________   to or an Interest in County, Texas   (Description of Real   Property)   Judicial Finding of Fact and Conclusion of Law Regarding a Document   or Instrument Purporting to Convey Title to or an Interest in Real   Property          On the (number) day of (month), (year), in the above entitled   and numbered cause, this court reviewed a motion, verified by   affidavit, of (name) and the document or instrument attached to the   motion. No testimony was taken from any party, nor was there any   notice of the court's review, the court having made the   determination that a decision could be made solely on review of the   document or instrument under the authority vested in the court   under Subchapter J, Chapter 51, Government Code.          The court finds as follows (only an item checked and   initialed is a valid court ruling):   _______ The document or instrument attached to the motion herein:                (1)  DOES assert a claim against real property or an   interest in real property;                (2)  IS specifically provided for by a provision of the   constitution or statutes of this state or the United States;                (3)  IS:                      (A)  created by the implied or express consent of   the owner of the real property or an interest in real property, if   required under the laws of this state, or by the consent of an   agent, fiduciary, or other representative of the owner; or                      (B)  a conveyance imposed by a court of competent   jurisdiction; and                (4)  DOES convey title to real property or an interest   in real property.   _______ The document or instrument attached to the motion herein:                (1)  DOES NOT assert a claim against real property or an   interest in real property;                 (2)  IS NOT specifically provided for by a provision of   the constitution or statutes of this state or the United States; or                (3)  IS NOT:                      (A)  created by the implied or express consent of   the owner of the real property or an interest in real property, if   required under the laws of this state, or by the consent of an   agent, fiduciary, or other representative of the owner; or                      (B)  a conveyance imposed by a court of competent   jurisdiction.  The document or instrument DOES NOT convey title to   real property or an interest in real property.          This court makes no finding as to any underlying claims of the   parties involved, and expressly limits its finding of fact and   conclusion of law to the review of a ministerial act. The county   clerk shall record this finding of fact and conclusion of law in the   same class of records as the subject document or instrument was   originally filed, and the court directs the county clerk to index it   using the same names that were used in indexing the subject document   or instrument.          SIGNED ON THIS THE ________ DAY OF ____________________.   _______________________________                            DISTRICT JUDGE                            ________ JUDICIAL DISTRICT                            _____________ COUNTY, TEXAS          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.