Texas § CR.42.0376 - RESTITUTION FOR REAL PROPERTY THEFT

§ CR.42.0376. RESTITUTION FOR REAL PROPERTY THEFT

RESTITUTION FOR REAL PROPERTY THEFT. (a) Except as provided by Subsection (b) and subject to Subsection (c), the court shall order a defendant convicted of or placed on deferred adjudication community supervision for an offense under Section 31.23 , Penal Code, to pay restitution, as applicable: (1) for an offense under Section 31.23(b)(1), to the owner of the real property or nonpossessory interest in real property that is the subject of the offense in an amount equal to the value of the real property or nonpossessory interest; (2) for an offense under Section 31.23(b)(2), to the owner of the benefit that is the subject of the offense in an amount equal to the value of the benefit; (3) to a title company or insurer that paid a claim based on the conduct constituting the offense, in an amount equal to the value of the payment made by the title company or insurer; or (4) to the owner of the real property or nonpossessory interest in real property or the owner of the benefit in an amount equal to, as applicable: (A) the value of losses incurred as a reasonably foreseeable result of the conduct constituting the offense, including loss of or damage to: (i) personal property, including machinery or vehicles located on or in the real property that is the subject of the offense; (ii) trees, landscaping, flora, and growing or harvested agricultural commodities placed or maintained on the real property by the owner, regardless of the state of growth; or (iii) a structure attached to the real property that is not included in the market value of the property for the tax year in which the offense was committed, as indicated on the appraisal roll for the appraisal district in which the real property is located; or (B) reasonable attorney's fees and court costs related to an action brought to quiet title to or dispute the conveyance or possession of the real property that is the subject of the offense. (b) The court may not order a defendant convicted of or placed on deferred adjudication community supervision for an offense under Section 31.23 (b)(1), Penal Code, to pay restitution under Subsection (a)(1) if, before a judgment of conviction or order of deferred adjudication is entered in the case, the defendant: (1) is listed in the county real property records as the owner of the real property or nonpossessory interest in real property that is the subject of the offense; (2) executes a quitclaim deed or other instrument conveying the title or interest to the owner of the property or interest; (3) files for recording in the county real property records the quitclaim deed or other instrument; and (4) provides to the court a certified copy of the recorded quitclaim deed or other instrument. (c) The court shall reduce the amount of restitution that a defendant is ordered to pay under Subsection (a)(1) by an amount equal to the value of a payment made by a title company or insurer for a claim based on the conduct constituting the offense to the person to whom the court orders the defendant to pay restitution. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 16 (S.B. 16 ), Sec. 3, eff. December 4, 2025.