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.