By Carona                                        S.B. No. 234

      75R1099 MWV-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a civil procedure for clearing or destroying certain

 1-3     recorded documents.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle A, Title 2, Civil Practice and Remedies

 1-6     Code, is amended by adding Chapter 12 to read as follows:

 1-7                       CHAPTER 12.  RECORDED DOCUMENTS

 1-8           Sec. 12.001.  DEFINITIONS.  In this chapter:

 1-9                 (1)  "Plaintiff" means a county or district clerk

1-10     seeking relief under this chapter.

1-11                 (2)  "Recorded document" means a document that has been

1-12     recorded with an agency or official of a local government, without

1-13     regard to whether the recording of the document is authorized by

1-14     law, including a document that purports to be:

1-15                       (A)  any type of lien; or

1-16                       (B)  recorded under Chapter 12, Property Code.

1-17           Sec. 12.002.  CAUSE OF ACTION.  (a)  A plaintiff may bring an

1-18     action to obtain an order under Section 12.003.

1-19           (b)  The court shall issue an order under Section 12.003 if

1-20     it is shown that the recorded document is:

1-21                 (1)  false; or

1-22                 (2)  not a document that may be recorded under law.

1-23           Sec. 12.003.  COURT ORDER.  If the court grants relief under

1-24     this chapter, it shall issue an order:

 2-1                 (1)  identifying the recorded document;

 2-2                 (2)  stating that the recorded document is false or not

 2-3     a document that may be recorded under law, as appropriate; and

 2-4                 (3)  requiring that:

 2-5                       (A)  the court's order be recorded in the same

 2-6     manner as the recorded document that is the subject of the order;

 2-7     or

 2-8                       (B)  the recorded document that is the subject of

 2-9     the order be destroyed.

2-10           Sec. 12.004.  DEFENDANT.  The plaintiff shall name as

2-11     defendant to the action the person who caused the recorded document

2-12     to be recorded.  If this person is unknown to the plaintiff,

2-13     citation may be made by publication as provided in the Texas Rules

2-14     of Civil Procedure.

2-15           Sec. 12.005.  VENUE.  An action under this chapter may be

2-16     brought in any justice, county, or district court in the county in

2-17     which the recorded document is recorded.

2-18           Sec. 12.006.  FILING FEES.  (a)  The fee for filing an action

2-19     under this chapter is $1.  The plaintiff must pay the fee to the

2-20     clerk of the court in which the action is filed.  Except as

2-21     provided by Subsection (b), the plaintiff may not be assessed any

2-22     other fee, cost, charge, or expense by the clerk of the court or

2-23     other public official in connection with the action.

2-24           (b)  The fee for service of notice of an action under this

2-25     section charged to the plaintiff may not exceed:

2-26                 (1)  $20 if the notice is delivered in person; or

2-27                 (2)  the cost of postage if the service is by

 3-1     registered or certified mail.

 3-2           (c)  If the fee imposed under Subsection (a) is less than the

 3-3     filing fee the court imposes for filing other similar actions and

 3-4     the plaintiff prevails in the action, the court may order a

 3-5     defendant to pay to the court the difference between the fee paid

 3-6     under Subsection (a) and the filing fee the court imposes for

 3-7     filing other similar actions.

 3-8           Sec. 12.007.  PLAINTIFF'S COSTS.  (a)  The court shall award

 3-9     the plaintiff the costs of bringing the action if:

3-10                 (1)  the plaintiff prevails; and

3-11                 (2)  the court finds that the defendant, at the time

3-12     the defendant caused the  recorded document to be recorded, knew or

3-13     should have known that the  recorded document is:

3-14                       (A)  false; or

3-15                       (B)  not a document that may be recorded under

3-16     law.

3-17           (b)  For purposes of this section, the costs of bringing the

3-18     action include all court costs, attorney's fees, and related

3-19     expenses of bringing the action, including investigative expenses.

3-20           Sec. 12.008.  REPRESENTATION BY COUNTY ATTORNEY.  The county

3-21     attorney shall represent a plaintiff in an action under this

3-22     chapter.

3-23           Sec. 12.009.  EFFECT ON OTHER LAW.  This law is cumulative of

3-24     other law under which a plaintiff may obtain judicial relief with

3-25     respect to a recorded document.

3-26           SECTION 2.  Section 202.001(b), Local Government Code, is

3-27     amended to read as follows:

 4-1           (b)  The following records may be destroyed without meeting

 4-2     the conditions of Subsection (a):

 4-3                 (1)  records the destruction or obliteration of which

 4-4     is directed by an expunction order issued by a [district] court

 4-5     pursuant to state law; and

 4-6                 (2)  records defined as exempt from scheduling or

 4-7     filing requirements by rules adopted by the commission or listed as

 4-8     exempt in a records retention schedule issued by the commission.

 4-9           SECTION 3.  An action for an order under Chapter 12, Civil

4-10     Practice and Remedies Code, as added by this Act, may be brought

4-11     with respect to a recorded document without regard to whether the

4-12     document was filed before, on, or after the effective date of this

4-13     Act.

4-14           SECTION 4.  The importance of this legislation and the

4-15     crowded condition of the calendars in both houses create an

4-16     emergency and an imperative public necessity that the

4-17     constitutional rule requiring bills to be read on three several

4-18     days in each house be suspended, and this rule is hereby suspended,

4-19     and that this Act take effect and be in force from and after its

4-20     passage, and it is so enacted.