Texas Codes

Tex. Prop. Code § 5.203 (2026)

Notice Requirements For Continuation Of Existing Private Transfer Fee Obligations

✓ current as of May 2026

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Sec. 5.203. NOTICE REQUIREMENTS FOR CONTINUATION OF EXISTING PRIVATE TRANSFER FEE OBLIGATIONS. (a) A person who receives a private transfer fee under a private transfer fee obligation created before the effective date of this subchapter must, on or before January 31, 2012, file for record a "Notice of Private Transfer Fee Obligation" as provided by this section in the real property records of each county in which the property is located.

(b) Multiple payees of a single private transfer fee under a private transfer fee obligation must designate one payee as the payee of record for the fee.

(1) be printed in at least 14-point boldface type;

(2) state the amount of the private transfer fee and the method of determination, if applicable;

(3) state the date or any circumstance under which the private transfer fee obligation expires, if any;

(4) state the purpose for which the money from the private transfer fee obligation will be used;

(5) notwithstanding Subsection (b), state the name of each payee and each payee's contact information;

(6) state the name and address of the payee of record to whom the payment of the fee must be sent;

(7) include the acknowledged signature of each payee or authorized representative of each payee; and

(8) state the legal description of the property subject to the private transfer fee obligation.

(d) A person required to file a notice under this section shall:

(1) refile the notice described by this section not earlier than the 30th day before the third anniversary of the original filing date described by Subsection (a) and within a similar 30-day period every third year thereafter; and

(2) amend the notice to reflect any change in the name or address of any payee included in the notice not later than the 30th day after the date the change occurs.

(e) A person who amends a notice under Subsection (d)(2) must include:

(1) the recording information of the original notice filed as required by this section; and

(2) the legal description of the property subject to the private transfer fee obligation.

(f) If a person required to file a notice under this section fails to comply with this section:

(1) payment of the private transfer fee may not be a requirement for the conveyance of an interest in the property to a purchaser;

(2) the property is not subject to further obligation under the private transfer fee obligation; and

(3) the private transfer fee obligation is void.

Added by Acts 2011, 82nd Leg., R.S., Ch. 211 (H.B. 8), Sec. 1, eff. June 17, 2011.

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 2018–2024 · leading case: Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2018).

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Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2018). · cites it 3× “203 details numerous specific requirements for the notice to continue the private transfer fee obligation, including font size, the significant information that must be included in the notice, and when and where the notice must be filed.”

Covenant Clearinghouse, LLC v. Kush & Krishna, LLC (Tex. App. 2020). · cites it 2× “See Tex. Prop. Code § 5.203(a). In its cross-motion, CCH asked the court to award it the $36,000 in interpleaded funds.”

Ma-bbo Five, Lp (Bankr. E.D. Tex. 2022). · cites it 2× “” TEX. PROP. CODE ANN. § 5.203(a). In addition, § 5.”

Ma Bb Owen Lp (Bankr. E.D. Tex. 2022). · cites it 2× “” TEX. PROP. CODE ANN. § 5.203(a). In addition, § 5.”

Covenant Clearinghouse, LLC v. Christa J. Foster (Tex. App. 2022). “(citing Tex. Prop. Code Ann. § 5.203 (f)). Covenant Clearinghouse’s notice of claims was intended to satisfy this triennial notice requirement, which tells us much about its function: it was designed to maintain the ability to collect a transfer fee, not to create a lien.”

Longhorn Creek Ltd. v. Gardens of Connemara Ltd. & Emerson Farm Co., Ltd. (Tex. App. 2024). “It sought a declaration it was not obligated to pay the private transfer fee because (1) Connemara and Emerson had failed to file statutorily compliant notices pursuant to Texas Property Code § 5.203, (2) Connemara and Emerson waived the fee obligation based on subsequent…”

— Tex. Prop. Code § 5.203(a) — 4 cases

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2018). “203 details numerous specific requirements for the notice to continue the private transfer fee obligation, including font size, the significant information that must be included in the notice, and when and where the notice must be filed.”

Covenant Clearinghouse, LLC v. Kush & Krishna, LLC (Tex. App. 2020). “See Tex. Prop. Code § 5.203(a). In its cross-motion, CCH asked the court to award it the $36,000 in interpleaded funds.”

Ma-bbo Five, Lp (Bankr. E.D. Tex. 2022). “” TEX. PROP. CODE ANN. § 5.203(a). In addition, § 5.”

Ma Bb Owen Lp (Bankr. E.D. Tex. 2022). “” TEX. PROP. CODE ANN. § 5.203(a). In addition, § 5.”

— Tex. Prop. Code § 5.203(b) — 3 cases

Covenant Clearinghouse, LLC v. Kush & Krishna, LLC (Tex. App. 2020). “See Tex. Prop. Code § 5.203(a). In its cross-motion, CCH asked the court to award it the $36,000 in interpleaded funds.”

Ma-bbo Five, Lp (Bankr. E.D. Tex. 2022). “” TEX. PROP. CODE ANN. § 5.203(a). In addition, § 5.”

Ma Bb Owen Lp (Bankr. E.D. Tex. 2022). “” TEX. PROP. CODE ANN. § 5.203(a). In addition, § 5.”

— Tex. Prop. Code § 5.203(c) — 1 case

— Tex. Prop. Code § 5.203(f)(3) — 1 case

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