By:  Bivins, Carona                           S.B. No. 424

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to fraudulent public records; creating an offense.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subsections (e) and (f), Section 32.21, Penal

 1-4     Code, are amended to read as follows:

 1-5           (e)  An offense under this section is a felony of the third

 1-6     degree if the writing is or purports to be:

 1-7                 (1)  part of an issue of money, securities, postage or

 1-8     revenue stamps;

 1-9                 (2)  a government record listed in Section 37.01(2)(C)

1-10     [37.01(1)(C)]; or

1-11                 (3)  other instruments issued by a state or national

1-12     government or by a subdivision of either, or part of an issue of

1-13     stock, bonds, or other instruments representing interests in or

1-14     claims against another person.

1-15           (f)  A person is presumed to intend to defraud or harm

1-16     another if the person acts with respect to two or more writings of

1-17     the same type and if each writing is a government record listed in

1-18     Section 37.01(2)(C) [37.01(1)(C)].

1-19           SECTION 2.  Section 37.01, Penal Code, is amended to read as

1-20     follows:

1-21           Sec. 37.01.  DEFINITIONS.  In this chapter:

1-22                 (1)  "Court record" means a decree, a judgment, an

1-23     order, a subpoena, a warrant, minutes, or another document issued

 2-1     by a court of:

 2-2                       (A)  this state;

 2-3                       (B)  another state;

 2-4                       (C)  the United States;

 2-5                       (D)  a foreign country recognized by an act of

 2-6     congress, a statute of this state, or a treaty or other

 2-7     international convention to which the United States is a party;

 2-8                       (E)  an Indian tribe recognized by the United

 2-9     States; or

2-10                       (F)  any other jurisdiction entitled to full

2-11     faith and credit in this state under the United States

2-12     Constitution.

2-13                 (2)  "Governmental record" means:

2-14                       (A)  anything belonging to, received by, or kept

2-15     by government for information;

2-16                       (B)  anything required by law to be kept by

2-17     others for information of government; or

2-18                       (C)  a license, certificate, permit, seal, title,

2-19     or similar document issued by government.

2-20                 (3) [(2)]  "Statement" means any representation of

2-21     fact.

2-22           SECTION 3.  Chapter 37, Penal Code, is amended by adding

2-23     Section 37.13 to read as follows:

2-24           Sec. 37.13.  FRAUDULENT COURT RECORD.  (a)  A person commits

2-25     an offense if the person makes, presents, or uses any document or

 3-1     other record with:

 3-2                 (1)  knowledge that the document or other record is not

 3-3     a genuine court record; and

 3-4                 (2)  intent that the document or other record be given

 3-5     the same effect as a genuine court record.

 3-6           (b)  An offense under this section is a Class A misdemeanor,

 3-7     except that the offense is a felony of the third degree if it is

 3-8     shown on the trial of the offense that the defendant has previously

 3-9     been convicted under this section on two or more occasions.

3-10           (c)  This section does not apply to a copy of a document made

3-11     as provided by a court order or as authorized by rules of evidence,

3-12     rules of procedure, local rules of court, or customary practice.

3-13           SECTION 4.  Subsection (c), Section 51.605, Government Code,

3-14     is amended to read as follows:

3-15           (c)  A clerk must successfully complete 20 hours of

3-16     continuing education courses in the performance of the duties of

3-17     office at least one time in each 24-month period.  The 20 hours of

3-18     required continuing education courses must include at least one

3-19     hour of continuing education regarding fraudulent court documents

3-20     and fraudulent document filings.

3-21           SECTION 5.  Chapter 51, Government Code, is amended by adding

3-22     Subchapter J to read as follows:

3-23           SUBCHAPTER J.  CERTAIN FRAUDULENT RECORDS OR DOCUMENTS

3-24           Sec. 51.901.  FRAUDULENT DOCUMENT OR INSTRUMENT.  If a clerk

3-25     of the supreme court, clerk of the court of criminal appeals, clerk

 4-1     of a court of appeals, district clerk, county clerk, or municipal

 4-2     clerk has reason to believe that a document or instrument

 4-3     previously filed or recorded or offered or submitted for filing or

 4-4     for filing and recording is fraudulent, the clerk may:

 4-5                 (1)  if the document is a purported judgment or other

 4-6     document purporting to memorialize or evidence an act, order,

 4-7     directive, or process of a purported court, provide written notice

 4-8     of the filing, recording, or submission for filing or for filing

 4-9     and recording to the stated or last known address of the person

4-10     against whom the purported judgment, act, order, directive, or

4-11     process is rendered; or

4-12                 (2)  if the document or instrument purports to create a

4-13     lien or assert a claim on real or personal property or an interest

4-14     therein, provide written notice of the filing, recording, or

4-15     submission for filing or for filing and recording to the stated or

4-16     last known address of the person named in the document or

4-17     instrument as the obligor or debtor and to any person who owns any

4-18     interest in the property described in the document or instrument.

4-19           Sec. 51.902.  ACTION ON FRAUDULENT JUDGMENT LIEN.  (a)  A

4-20     person against whom a purported judgment was rendered who has

4-21     reason to believe that a document previously filed or recorded or

4-22     submitted for filing or for filing and recording is fraudulent may

4-23     complete and file with the district clerk a motion that contains,

4-24     at a minimum, the information in the following suggested form:

 5-1                         MISC. DOCKET NO. __________

 5-2     In Re:  A Purported                In the _______ Judicial District

 5-3     Judgment Lien Against              In and For _____________________

 5-4     (Name of Purported                 County, Texas                   

 5-5     Debtor)

 5-6           Motion for Judicial Review of a Document Purporting to

 5-7                           Create a Judgment Lien

 5-8           Now Comes (name) and files this motion requesting a judicial

 5-9     determination of the status of a court, judicial entity, or

5-10     judicial officer purporting to have taken an action that is the

5-11     basis of a judgment lien filed in the office of the Clerk of

5-12     (county name) County, Texas, and in support of the motion would

5-13     show the court as follows:

5-14                                     I.

5-15           (Name), movant herein, is the person against whom the

5-16     purported judgment was rendered.

5-17                                     II.

5-18           On (date), in the exercise of the county clerk's official

5-19     duties as County Clerk of (county name) County, Texas, the county

5-20     clerk received and filed or filed and recorded the document

5-21     attached hereto and containing (number) pages. Said document

5-22     purports to have been rendered on the basis of a judgment, act,

5-23     order, directive, or process of a court, judicial entity, or

5-24     judicial officer called therein "(name of purported court, judicial

5-25     entity, or judicial officer)" against one (name of purported

 6-1     debtor), movant herein.

 6-2                                    III.

 6-3           Movant alleges that the purported court, judicial entity, or

 6-4     judicial officer referred to in the attached document is not

 6-5     legally created or established under the constitution or laws of

 6-6     this state or of the United States and that the document should

 6-7     therefore not be accorded lien status.

 6-8                                   PRAYER

 6-9           Movant requests the court to review the attached document and

6-10     enter an order determining whether it should be accorded lien

6-11     status, together with such other orders as the court deems

6-12     appropriate.

6-13                                               Respectfully submitted,  

6-14                                               _________________________

6-15                                               (Signature and typed name

6-16                                               and address)             

6-17           (b)  A motion filed under this section may be ruled on by a

6-18     district judge having jurisdiction over real property matters in

6-19     the county in which the subject document was filed.  The court's

6-20     finding may be made solely on a review of the documents attached to

6-21     the movant's motion and without hearing any testimonial evidence.

6-22     The court's review may be made ex parte without delay or notice of

6-23     any kind.  The court's ruling on the motion, in the nature of a

6-24     finding of fact and a conclusion of law, is unappealable if it is

6-25     substantially similar to the form suggested in Subsection (f).

 7-1           (c)  The district clerk may not collect a filing fee for

 7-2     filing a motion under this section.

 7-3           (d)  After reviewing the documents attached to a motion under

 7-4     this section, the district judge shall enter an appropriate finding

 7-5     of fact and conclusion of law, which must be filed and indexed in

 7-6     the same class of records in which the subject document was

 7-7     originally filed.

 7-8           (e)  The county clerk may not collect a filing fee for filing

 7-9     a district judge's finding of fact and conclusion of law under this

7-10     section.

7-11           (f)  A suggested form order appropriate to comply with this

7-12     section is as follows:

7-13                         MISC. DOCKET NO. __________

7-14     In Re:  A Purported                In the _______ Judicial District

7-15     Judgment Lien Against              In and For _____________________

7-16     (Name of Purported                 County, Texas                   

7-17     Debtor)

7-18               Judicial Finding of Fact and Conclusion of Law

7-19          Regarding a Document Purporting to Create a Judgment Lien

7-20           On the (number) day of (month), (year), in the above entitled

7-21     and numbered cause, this court reviewed a motion of (name) and the

7-22     documents attached thereto.  No testimony was taken from any party,

7-23     nor was there any notice of the court's review, the court having

7-24     made the determination that a decision could be made solely on

7-25     review of the document under the authority vested in the court

 8-1     under Subchapter J, Chapter 51, Government Code.

 8-2           The court finds as follows (only an item checked and

 8-3     initialed is a valid court ruling):

 8-4     ______  The document attached to the motion herein refers to a

 8-5     legally constituted court, judicial entity, or judicial officer and

 8-6     should be given lien status.

 8-7     ______  The document attached to the motion herein DOES NOT refer

 8-8     to a legally constituted court, judicial entity, or judicial

 8-9     officer and there is no valid judgment lien created by the

8-10     document.

8-11           This court makes no finding as to any underlying claims of

8-12     the parties involved and expressly limits its finding of fact and

8-13     conclusion of law to the review of a ministerial act.  The county

8-14     clerk shall file this finding of fact and conclusion of law in the

8-15     same class of records as the subject documentation or instrument

8-16     was originally filed, and the court directs the county clerk to

8-17     index it using the same names that were used in indexing the

8-18     subject documentation or instrument.

8-19           SIGNED ON THIS THE ________ DAY OF _________________________.

8-20                                       _________________________________

8-21                                       DISTRICT JUDGE                   

8-22                                       ________ JUDICIAL DISTRICT

8-23                                       ___________________ COUNTY, TEXAS

8-24           Sec. 51.903.  ACTION ON FRAUDULENT LIEN ON PROPERTY.  (a)  A

8-25     person listed as a purported debtor or obligor on a filed and

 9-1     recorded document purporting to create a lien or a claim against

 9-2     the real or personal property of the person may, if the person has

 9-3     reason to believe the document is fraudulent, complete and file

 9-4     with the district clerk a motion that contains, at a minimum, the

 9-5     information in the following suggested form:

 9-6                         MISC. DOCKET NO. __________

 9-7     In Re:  A Purported                In the _______ Judicial District

 9-8     Lien or Claim Against              In and For _____________________

 9-9     (Name of Purported                 County, Texas                   

9-10     Debtor)

9-11       Motion for Judicial Review of Document or Instrument Purporting

9-12                          to Create a Lien or Claim

9-13           Now Comes (name) and files this motion requesting a judicial

9-14     determination of the status of a document or instrument purporting

9-15     to create a lien or claim on real or personal property or an

9-16     interest in real or personal property filed in the office of the

9-17     Clerk of (county name) County, Texas, and in support of the motion

9-18     would show the court as follows:

9-19                                     I.

9-20           (Name), movant herein, is the purported obligor or debtor or

9-21     person who owns the real or personal property or the interest in

9-22     real or personal property described in the attached document or

9-23     instrument.

9-24                                     II.

9-25           On (date), in the exercise of the county clerk's official

 10-1    duties as County Clerk of (county name) County, Texas, the county

 10-2    clerk received and filed and recorded the document attached hereto

 10-3    and containing (number) pages.  Said document purports to have

 10-4    created a lien on real or personal property or an interest in real

 10-5    or personal property against one (name of purported debtor) movant

 10-6    herein.

 10-7                                   III.

 10-8          Movant alleges that the document or instrument attached to

 10-9    the motion herein is asserted against real or personal property or

10-10    an interest in real or personal property and the document or

10-11    instrument is:

10-12                (1)  not provided for by the constitution or laws of

10-13    this state or of the United States;

10-14                (2)  not created by implied consent or expressed

10-15    consent which may or may not be evidenced by the signature of the

10-16    obligor, debtor, or owner of an interest in the property, if

10-17    required under the laws of this state, or by consent of an agent,

10-18    fiduciary, or other representative of that person; or

10-19                (3)  not an equitable, constructive, or other lien

10-20    imposed by a court with jurisdiction and therefore should not be

10-21    accorded lien status.

10-22          The movant further alleges that documentation is attached and

10-23    the claimant knows of no other documentation supporting the claim

10-24    of the lienholder.

 11-1                                    IV.

 11-2          Movant does not request the court to make a finding as to any

 11-3    underlying claim of the parties involved and acknowledges that this

 11-4    motion does not seek to invalidate a legitimate lien.  Movant

 11-5    further acknowledges that movant may be subject to sanctions as

 11-6    provided by Chapter 10, Civil Practice and Remedies Code, if this

 11-7    motion is determined to be frivolous.

 11-8                                  PRAYER

 11-9          Movant requests the court to review the attached document and

11-10    enter an order determining whether it should be accorded lien

11-11    status, together with such other orders as the court deems

11-12    appropriate.

11-13                                              Respectfully submitted,  

11-14                                              _________________________

11-15                                              (Signature and typed name

11-16                                              and address)             

11-17          (b)  A motion under this section may be ruled on by a

11-18    district judge having jurisdiction over real property matters in

11-19    the county in which the subject document was filed.  Except as

11-20    provided by Subsection (c) the court's finding may be based solely

11-21    on a review of the movant's motion.

11-22          (c)  If a motion filed under this section or its attachments

11-23    names a financial institution as the lienholder of record, the

11-24    movant shall serve a copy of the motion on the financial

11-25    institution, by certified mail, return receipt requested, directing

 12-1    the financial institution to file its written response with the

 12-2    court not later than the 30th day after the date that the financial

 12-3    institution receives notice.  If a motion filed under this section

 12-4    or its attachments names a financial institution, a court may not

 12-5    issue its finding on the motion without providing the financial

 12-6    institution an opportunity to respond.

 12-7          (d)  The district clerk may not collect a filing fee for

 12-8    filing a motion under this section.

 12-9          (e)  After reviewing the documents attached to a motion under

12-10    this section, the district judge shall enter an appropriate finding

12-11    of fact and conclusion of law, which must be filed and indexed in

12-12    the same class of records in which the subject document or

12-13    instrument was originally filed.

12-14          (f)  The county clerk may not collect a filing fee for filing

12-15    a district judge's finding of fact and conclusion of law under this

12-16    section.

12-17          (g)  A suggested form order appropriate to comply with this

12-18    section is as follows:

12-19                        MISC. DOCKET NO. __________

12-20    In Re:  A Purported                In the _______ Judicial District

12-21    Lien or Claim Against              In and For _____________________

12-22    (Name of Purported                 County, Texas                   

12-23    Debtor)

 13-1        Judicial Finding of Fact and Conclusion of Law Regarding a

 13-2        Document or Instrument Purporting to Create a Lien or Claim

 13-3          On the (number) day of (month), (year), in the above entitled

 13-4    and numbered cause, this court reviewed a motion of (name) and the

 13-5    documents attached thereto.

 13-6          The court finds as follows (only an item checked and

 13-7    initialed is a valid court ruling):

 13-8    _______  The document or instrument attached to the motion herein

 13-9    IS asserted against real or personal property or an interest in

13-10    real or personal property and:

13-11                (1)  IS provided for by specific state or federal

13-12    statutes or constitutional provisions;

13-13                (2)  IS created by implied consent or express consent

13-14    as evidenced by the originally signed and attested or acknowledged

13-15    signature of the obligor, debtor, or owner of the real or personal

13-16    property or an interest in the real or personal property, if

13-17    required under the laws of this state, or by consent of an agent,

13-18    fiduciary, or other representative of that person; or

13-19                (3)  IS an equitable, constructive, or other lien

13-20    imposed by a court with jurisdiction.

13-21    This document may be given lien status.

13-22    _______  The document or instrument attached to the motion herein:

13-23                (1)  IS NOT provided for by specific state or federal

13-24    statutes or constitutional provisions;

13-25                (2)  IS NOT created by implied consent or express

 14-1    consent as evidenced by the originally signed and attested or

 14-2    acknowledged signature of the obligor, debtor, or owner of the real

 14-3    or personal property or an interest in the real or personal

 14-4    property, if required under the law of this state or by consent of

 14-5    an agent, fiduciary, or other representative of that person;

 14-6                (3)  IS NOT an equitable, constructive, or other lien

 14-7    imposed by a court with jurisdiction; or

 14-8                (4)  IS NOT asserted against real or personal property

 14-9    or an interest in real or personal property.

14-10    There is no valid lien or claim created by this document or

14-11    instrument.

14-12          This court makes no finding as to any underlying claims of

14-13    the parties involved and expressly limits its finding  of fact and

14-14    conclusion of law to the review of a ministerial act.  The county

14-15    clerk shall file this finding of fact and conclusion of law in the

14-16    same class of records as the subject documentation or instrument

14-17    was originally filed, and the court directs the county clerk to

14-18    index it using the same names that were used in indexing the

14-19    subject documentation or instrument.

14-20          SIGNED ON THIS THE ________ DAY OF _________________________.

14-21                                      _________________________________

14-22                                      DISTRICT JUDGE                   

14-23                                      ________ JUDICIAL DISTRICT    

14-24                                      ___________________ COUNTY, TEXAS

14-25          Sec. 51.904.  WARNING SIGN.  A clerk described by Section

 15-1    51.901 shall post a sign, in letters at least one inch in height,

 15-2    that is clearly visible to the general public in or near the

 15-3    clerk's office stating that it is a crime to intentionally or

 15-4    knowingly file a fraudulent court record or a fraudulent instrument

 15-5    with the clerk.

 15-6          Sec. 51.905.  DOCUMENTS FILED WITH SECRETARY OF STATE.

 15-7    (a)  If the lien or other claim that is the subject of a judicial

 15-8    finding of fact and conclusion of law authorized by this subchapter

 15-9    is one that is authorized by law to be filed with the secretary of

15-10    state, any person may file a certified copy of the judicial finding

15-11    of fact and conclusion of law in the records of the secretary of

15-12    state, who shall file the certified copy of the finding in the same

15-13    class of records as the subject document or instrument was

15-14    originally filed and index it using the same names that were used

15-15    in indexing the subject document or instrument.

15-16          (b)  The secretary of state may not collect a filing fee for

15-17    filing a certified copy of a judicial finding of fact and

15-18    conclusion of law under this section.

15-19          SECTION 6.  Subtitle A, Title 2, Civil Practice and Remedies

15-20    Code, is amended by adding Chapter 12 to read as follows:

15-21                      CHAPTER 12.  RECORDED DOCUMENTS

15-22          Sec. 12.001.  DEFINITIONS.  In this chapter:

15-23                (1)  "Bona fide court" means a court of:

15-24                      (A)  this state;

15-25                      (B)  another state;

 16-1                      (C)  the United States;

 16-2                      (D)  a foreign country recognized by an act of

 16-3    congress, a statute of this state, or a treaty or other

 16-4    international convention to which the United States is a party;

 16-5                      (E)  an Indian tribe recognized by the United

 16-6    States; or

 16-7                      (F)  any other jurisdiction entitled to full

 16-8    faith and credit of this state under the United States

 16-9    Constitution.

16-10                (2)  "Court record" means a decree, a judgment, an

16-11    order, a subpoena, a warrant, minutes, or another document issued

16-12    by a bona fide court.

16-13                (3)  "Plaintiff" means:

16-14                      (A)  a county or district clerk seeking relief

16-15    under this chapter; or

16-16                      (B)  a person seeking relief under this chapter

16-17    who is named in the recorded document as obligated or ordered to

16-18    pay money or against whom a claim or lien is asserted.

16-19                (4)  "Recorded document" means a court record or other

16-20    document that has been recorded with an agency or official of a

16-21    local government, without regard to whether the recording of the

16-22    document is authorized by law, including a document that:

16-23                      (A)  purports to establish any type of lien; or

16-24                      (B)  purports to be recorded under Chapter 12,

16-25    Property Code.

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

 17-2    action to obtain an order under Section 12.005.

 17-3          (b)  The court shall issue an order under Section 12.005 if

 17-4    it is shown that the recorded document is fraudulent because the

 17-5    document:

 17-6                (1)  purports to be a court record but is not issued by

 17-7    a bona fide court;

 17-8                (2)  purports to be a lien created with the consent of

 17-9    the plaintiff or a predecessor in interest to the plaintiff but was

17-10    not created with that consent;

17-11                (3)  is not created by implied consent or express

17-12    consent, which may or may not be evidenced by the signature of the

17-13    obligor, debtor, or owner of an interest in the property, if

17-14    required under the laws of this state, or by consent of an agent,

17-15    fiduciary, or other representative of that person; or

17-16                (4)  is a fraudulent financing statement as described

17-17    by Section 9.412(a), Business & Commerce Code.

17-18          Sec. 12.003.  PLAINTIFF'S PLEADING.  An original pleading

17-19    that sets forth a claim for relief under this chapter must be

17-20    executed by the plaintiff or the plaintiff's attorney and must be

17-21    in substantially the following form:

17-22                          MISC. DOCKET NO._______

17-23    In Re:  A Recorded Document      In the___Court in and for___County

17-24    Against (Plaintiff)              In and For __________             

17-25                                     (Name of County, Texas)           

 18-1                   Judicial Review of Recorded Document

 18-2          Now Comes (name of plaintiff) and files this pleading

 18-3    requesting an order under Chapter 12, Civil Practice and Remedies

 18-4    Code, determining the status of a recorded document filed in the

 18-5    office of (name of agency or official of local government with

 18-6    which the recorded document is recorded), and in support of this

 18-7    pleading states:

 18-8                                    I.

 18-9          (Name of plaintiff), plaintiff herein, is the purported

18-10    obligor or debtor as provided by a recorded document filed in the

18-11    office of (name of agency or official of local government with

18-12    which the recorded document is recorded).  I believe that the

18-13    recorded document is fraudulent because:

18-14                   (initial only applicable item below)

18-15          _____the recorded document purports to be a court record but

18-16    is not issued by a bona fide court;

18-17          _____the recorded document purports to be a lien created with

18-18    the consent of the plaintiff or a predecessor in interest to the

18-19    plaintiff but was not created with implied or expressed consent of

18-20    the obligor, debtor, or owner of an interest in the property; or

18-21          _____the recorded document is a fraudulent financing

18-22    statement as described by Section 9.412(a), Business & Commerce

18-23    Code.

18-24                                    II.

18-25          The subject matter of this pleading (is or is not) the

 19-1    subject of another civil action in which the plaintiff is a party.

 19-2                                   III.

 19-3          This pleading is not frivolous and otherwise does not violate

 19-4    Section 10.001, Civil Practice and Remedies Code.  The plaintiff

 19-5    acknowledges that if the pleading is frivolous or otherwise

 19-6    violates Section 10.001, the plaintiff is subject to sanctions as

 19-7    provided by Chapter 10, Civil Practice and Remedies Code.

 19-8                                  PRAYER

 19-9          Plaintiff requests the court to review the attached recorded

19-10    document and enter an order stating that the document is

19-11    fraudulent, as provided by Section 12.005, Civil Practice and

19-12    Remedies Code, and requiring that the court's order and any

19-13    findings of fact and conclusions of law be recorded in the same

19-14    manner as the recorded document that is the subject of the order.

19-15                                              Respectfully submitted,  

19-16                                              _________________________

19-17                                              (Signature and typed name

19-18                                              and address)             

19-19          Sec. 12.004.  DEFENDANT.  The plaintiff shall name as

19-20    defendant to the action the lienholder of record as the lienholder

19-21    appears in the records in which the recorded document that is the

19-22    subject of the cause of action is recorded.  If the address of that

19-23    person is unknown to the plaintiff, citation may be made by

19-24    publication as provided by the Texas Rules of Civil Procedure.

19-25          Sec. 12.005.  COURT ORDER.  If the court grants relief under

 20-1    this chapter, it shall issue an order:

 20-2                (1)  identifying the recorded document;

 20-3                (2)  stating that the recorded document is fraudulent

 20-4    as described by Section 12.002(b); and

 20-5                (3)  requiring that the court's order be recorded in

 20-6    the same manner as the recorded document that is the subject of the

 20-7    order.

 20-8          Sec. 12.006.  VENUE.  An action under this chapter may be

 20-9    brought in any justice, county, or district court in the county in

20-10    which the recorded document is recorded.

20-11          Sec. 12.007.  FILING FEES.  (a)  The fee for filing an action

20-12    under this chapter is $1.  The plaintiff must pay the fee to the

20-13    clerk of the court in which the action is filed.  Except as

20-14    provided by Subsection (b), the plaintiff may not be assessed any

20-15    other fee, cost, charge, or expense by the clerk of the court or

20-16    another public official in connection with the action.

20-17          (b)  The fee for service of notice of an action under this

20-18    chapter charged to the plaintiff may not exceed:

20-19                (1)  $20 if the notice is delivered in person; or

20-20                (2)  the cost of postage if the service is by

20-21    registered or certified mail.

20-22          (c)  A plaintiff who is a county clerk or district clerk may

20-23    not be assessed a fee, cost, charge, or expense, including a fee

20-24    for filing an action under this chapter or a fee for service of

20-25    notice of an action under this chapter.

 21-1          (d)  If the fee imposed under Subsection (a) is less than the

 21-2    filing fee the court imposes for filing other similar actions or if

 21-3    a filing fee is not imposed under Subsection (c) and the plaintiff

 21-4    prevails in the action, the court may order a defendant to pay to

 21-5    the court the difference between any fee paid and the filing fee

 21-6    the court imposes for filing other similar actions.

 21-7          Sec. 12.008.  PLAINTIFF'S COSTS.  (a)  The court shall award

 21-8    the plaintiff the costs of bringing the action if:

 21-9                (1)  the plaintiff prevails; and

21-10                (2)  the court finds that the defendant, at the time

21-11    the defendant caused the recorded document to be recorded, knew or

21-12    should have known that the recorded document is fraudulent as

21-13    described by Section 12.002(b).

21-14          (b)  For purposes of this section, the costs of bringing the

21-15    action include all court costs, attorney's fees, and related

21-16    expenses of bringing the action, including investigative expenses.

21-17          Sec. 12.009.  DEFENDANT'S COSTS.  (a)  The court shall award

21-18    the defendant the costs of defending the action if the defendant

21-19    prevails.

21-20          (b)  For purposes of this section, the costs of defending the

21-21    action include all court costs, attorney's fees, and related

21-22    expenses of defending the action, including investigative expenses.

21-23          Sec. 12.010.  REPRESENTATION BY COUNTY ATTORNEY.  The county

21-24    attorney shall represent a district clerk or county clerk seeking

21-25    relief under this chapter.

 22-1          Sec. 12.011.  EFFECT ON OTHER LAW.  The remedy established

 22-2    under this chapter is in addition to any other remedy authorized by

 22-3    statute or common law.

 22-4          SECTION 7.  Subsection (b), Section 202.001, Local Government

 22-5    Code, is amended to read as follows:

 22-6          (b)  The following records may be destroyed without meeting

 22-7    the conditions of Subsection (a):

 22-8                (1)  records the destruction or obliteration of which

 22-9    is directed by an expunction order issued by a [district] court

22-10    pursuant to state law; and

22-11                (2)  records defined as exempt from scheduling or

22-12    filing requirements by rules adopted by the commission or listed as

22-13    exempt in a records retention schedule issued by the commission.

22-14          SECTION 8.  An action for an order under Chapter 12, Civil

22-15    Practice and Remedies Code, as added by this Act, may be brought

22-16    with respect to a recorded document without regard to whether the

22-17    document was filed before, on, or after the effective date of this

22-18    Act.

22-19          SECTION 9.  A clerk shall complete one hour of continuing

22-20    education regarding fraudulent court documents required by

22-21    Subsection (c), Section 51.605, Government Code, as amended by this

22-22    Act, before September 1, 1999.

22-23          SECTION 10.  This Act takes effect September 1, 1997.

22-24          SECTION 11.  The importance of this legislation and the

22-25    crowded condition of the calendars in both houses create an

 23-1    emergency and an imperative public necessity that the

 23-2    constitutional rule requiring bills to be read on three several

 23-3    days in each house be suspended, and this rule is hereby suspended.