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SB 36

Relating to creating the criminal offenses of real property theft and real property fraud and establishing a statute of limitations for those offenses; harmonizing other statute of limitations provisions; increasing a criminal penalty.

89th Legislature, 1st Called Session (2025) Introduced by Royce West

Texas bill creates new crimes for real property theft and fraud, sets prosecution timelines, and increases related criminal penalties.

Filed
#crimes--againstproperty(i0175) #criminalprocedure--general(i0208) #fraud(s0166) #propertyinterests--mortgages&liens(i0605) #propertyinterests--realproperty(i0595) #statutesoflimitations(s0065)
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Bill Summary · SB 36

Legislative bill overview

SB 36 creates two new criminal offenses in Texas: real property theft and real property fraud. The bill also establishes statute of limitations periods for these offenses, harmonizes existing statute of limitations provisions across related crimes, and increases at least one criminal penalty.

Why is this important

Real property crimes (theft and fraud involving land, buildings, or ownership rights) currently lack specific statutory definitions in Texas, creating enforcement gaps and uncertainty in prosecution. This bill clarifies legal standards and creates explicit criminal accountability for these offenses, while establishing timelines within which prosecutors must bring charges—balancing victim access to justice with defendants' rights to timely trials.

Potential points of contention

  • Statute of limitations length: The specific timeframes chosen (not detailed in the bill summary) will affect whether victims can seek justice years after property theft/fraud occurs versus concerns about stale prosecutions lacking fresh evidence
  • Penalty increases: Raising criminal penalties may deter offenders but could also increase incarceration costs and raise proportionality concerns depending on which offense receives enhanced penalties
  • Definition scope: Determining what conduct qualifies as "real property theft" versus existing crimes (conversion, larceny, embezzlement) could create overlap, conflicting charges, or unintended consequences for legitimate property disputes

Compiled from official sources — confirm details with the bill’s official record.

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