This section makes real property theft an offense when a person tries to transfer, sell, transfer, or encumber real property without the owner’s effective consent and with intent to deprive the owner of property or a benefit.
Sec. 31.23. REAL PROPERTY THEFT. (a) In this section: (1) "Disabled individual" and "elderly individual" have the meanings assigned by Section 22.04. (2) "Nonpossessory interest" includes an interest that may be conveyed by a quitclaim deed or conditional transfer. (3) "Owner" includes an owner's estate and known successors in interest if the owner is deceased. (4) "Transfer" has the meaning assigned by Section 12.019, Property Code. (b) A person commits an offense if the person: (1) brings about or attempts to bring about a transfer or purported transfer of real property or title to real property or a nonpossessory interest in real property, to any transferee or intended transferee: (A) without the effective consent of the owner of the real property or the nonpossessory interest in real property; and (B) with the intent to deprive the owner of the real property or the nonpossessory interest in the real property; or (2) sells or otherwise transfers or encumbers, or attempts to sell or otherwise transfer or encumber, real property or title to real property or a nonpossessory interest in real property to or with respect to a person in exchange for a benefit from any person: (A) without the effective consent of the owner of the benefit; and (B) with the intent to deprive the owner of the benefit. (c) Except as provided by Subsection (e), an offense under Subsection (b)(1) is: (1) a felony of the second degree if it is shown on the trial of the offense that the market value of the real property is less than $300,000; or (2) a felony of the first degree if it is shown on the trial of the offense that the market value of the real property is $300,000 or more. (d) Except as provided by Subsection (e), an offense under Subsection (b)(2) is: (1) a felony of the third degree if it is shown on the trial of the offense that the value of the benefit received is less than $30,000; (2) a felony of the second degree if it is shown on the trial of the offense that the value of the benefit received is $30,000 or more but less than $150,000; or (3) a felony of the first degree if it is shown on the trial of the offense that the value of the benefit received is $150,000 or more. (e) An offense described for purposes of punishment by Subsections (c) and (d) is increased to the next higher category of offense if it is shown on the trial of the offense that at the time of the offense: (1) the owner of the real property or nonpossessory interest in real property or the owner of the benefit was: (A) an elderly individual; (B) a disabled individual; or (C) a nonprofit organization; or (2) the real property was subject to a property tax exemption under Subchapter B, Chapter 11, Tax Code, as an individual's residence homestead as defined by Section 11.13(j), Tax Code. (f) For purposes of Subsection (c), the market value of real property is the market value of that property for the tax year in which the offense was committed, as indicated on the appraisal roll for the appraisal district in which the property is located. (g) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 16 (S.B. 16), Sec. 9, eff. December 4, 2025.