In Texas, you seldom have to point out ID when submitting paperwork with a county clerk’s workplace to switch a property’s possession.
When WFAA first started doing tales on deed fraud, solely Harris County may legally require property homeowners to supply legitimate photograph ID when submitting deeds in particular person.
But the legislation additionally had a loophole. It mentioned Harris County couldn’t refuse to file the deed if the particular person wouldn’t present an ID.
After WFAA started highlighting deed fraud instances, two North Texas lawmakers filed laws throughout the 2021 legislative session.
One invoice, filed by State Rep. Yvonne Davis, D-Dallas, would have allowed county clerks within the state’s 254 counties to require property homeowners submitting paperwork transferring property possession in particular person to supply a photograph ID and permit the clerk to make a replica of it. Counties would be required to reject deed filings from individuals who don’t have or refuse to supply photograph ID.
Another invoice, written by State Rep. Craig Goldman, R-Fort Worth, allowed county clerks in counties with populations above 800,000 to require individuals to point out legitimate photograph ID. It didn’t, nonetheless, include a provision that allowed county clerks to refuse to just accept paperwork transferring possession when somebody wouldn’t or couldn’t present ID.
Instead of approving Davis’ stricter invoice, the Texas Legislature permitted Goldman’s invoice, which solely lined 10 counties and lacked a provision permitting clerks to reject deeds with out photograph IDs.
WFAA wished to know if the counties allowed to ask for IDs have been doing it.
Four counties – Harris, Denton, Tarrant and El Paso – advised WFAA they require ID when submitting in particular person.
But Dallas County and 5 others – Travis, Fort Bend, Hildago, Bexar and Collin — advised WFAA that they don’t ask for photograph IDs. Those counties advised WFAA that with out a necessary provision, the legislation stays unclear. Although clerks could ask for ID, clerks within the six counties mentioned they didn’t consider they’d the authority to refuse to file the doc. They mentioned that’s as a result of legislators left the complicated line within the legislation that claims a county clerk could not refuse to file a doc.
Denton County Clerk Judi Lude advised WFAA that she acknowledges the lack of her workplace finally to implement the ID legislation. But she says counties ought to a minimum of ask for IDs. “Why not?”
But she mentioned the legislation possible makes a flat-out ID requirement unenforceable. So, she mentioned the legislation wants to alter. “Why have an unenforceable law?” she advised WFAA.
Lawmakers will once more be requested to strengthen the ID requirement when the Texas Legislature reconvenes in January.
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