Texas law on any date › Property Code
Property Code §12.001
In force on Nov 09, 2026 · this text took effect Dec 04, 2025 · same as today's text
INSTRUMENTS CONCERNING PROPERTY
(a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law.
(b) An instrument conveying real property may not be recorded unless:
(1) it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable; and
(2) any individual presenting the instrument in person for recording presents a photo identification to the county clerk as required by Section 191.010 , Local Government Code.
(c) This section does not require the acknowledgement or swearing or prohibit the recording of a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.
(d) The failure of a notary public to attach an official seal to an acknowledgment, a jurat, or other proof taken outside this state but inside the United States or its territories renders the acknowledgment, jurat, or other proof invalid only if the jurisdiction in which the acknowledgment, jurat, or other proof is taken requires the notary public to attach the seal.
History: Acts 1983, 68th Leg., p. 3489, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 162, Sec. 2, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 603, Sec. 2, eff. June 14, 1995. Amended by: Acts 2025, 89th Leg., 2nd C.S., Ch. 16 (S.B. 16 ), Sec. 11, eff. December 4, 2025.
Source: the Legislature's file server, seen Nov 08, 2026.
Every version on file
- Effective Dec 04, 2025 · seen Nov 2026–Nov 2026
Attorney General opinions that cite it
- KP-0233 (Jun 04, 2018): Whether a county clerk whose office does not accept electronic documents for recording must accept and record a printed copy of an electronic document under particular circumstances
- JM-0926 (Jun 29, 1988): Whether the board of 3910 s. I.H. 35, Suite 235 trustees of the Austin Fire Austin, Texas 78104 Fighters' Relief and Retire- ment Fund may expend funds to hire an administrator and an attorney, and related questions
- JM-0904: Recordability of certain Richmond, Texas 77469 documents by a county clerk
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.