By Bivins S.B. No. 424
75R5059 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to false public records; creating an offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 32.21, Penal Code, is amended by amending
1-5 Subsections (e) and (f) to read as follows:
1-6 (e) An offense under this section is a felony of the third
1-7 degree if the writing is or purports to be:
1-8 (1) part of an issue of money, securities, postage or
1-9 revenue stamps;
1-10 (2) a government record listed in Section 37.01(2)(C)
1-11 [37.01(1)(C)]; or
1-12 (3) other instruments issued by a state or national
1-13 government or by a subdivision of either, or part of an issue of
1-14 stock, bonds, or other instruments representing interests in or
1-15 claims against another person.
1-16 (f) A person is presumed to intend to defraud or harm
1-17 another if the person acts with respect to two or more writings of
1-18 the same type and if each writing is a government record listed in
1-19 Section 37.01(2)(C) [37.01(1)(C)].
1-20 SECTION 2. Section 37.01, Penal Code, is amended to read as
1-21 follows:
1-22 Sec. 37.01. DEFINITIONS. In this chapter:
1-23 (1) "Court record" means a decree, a judgment, an
1-24 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.
2-12 (2) "Governmental record" means:
2-13 (A) anything belonging to, received by, or kept
2-14 by government for information;
2-15 (B) anything required by law to be kept by
2-16 others for information of government; or
2-17 (C) a license, certificate, permit, seal, title,
2-18 or similar document issued by government.
2-19 (3) [(2)] "Statement" means any representation of
2-20 fact.
2-21 SECTION 3. Chapter 37, Penal Code, is amended by adding
2-22 Section 37.13 to read as follows:
2-23 Sec. 37.13. FRAUDULENT COURT RECORD. (a) A person commits
2-24 an offense if the person makes, presents, or uses any document or
2-25 other record with:
2-26 (1) knowledge that the document or other record is not
2-27 a genuine court record; and
3-1 (2) intent that the document or other record be given
3-2 the same legal effect as a genuine court record.
3-3 (b) An offense under this section is a Class A misdemeanor,
3-4 except that the offense is a felony of the third degree if it is
3-5 shown on the trial of the offense that the defendant has previously
3-6 been convicted under this section on two or more occasions.
3-7 SECTION 4. Section 51.605(c), Government Code, is amended to
3-8 read as follows:
3-9 (c) A clerk must successfully complete 20 hours of
3-10 continuing education courses, including at least one hour of
3-11 continuing education regarding fraudulent court documents, in the
3-12 performance of the duties of office at least one time in each
3-13 24-month period.
3-14 SECTION 5. Subchapter G, Chapter 51, Government Code, is
3-15 amended by adding Section 51.607 to read as follows:
3-16 Sec. 51.607. FRAUDULENT COURT RECORD. (a) Except as
3-17 provided by Subsection (d), a clerk of the supreme court, clerk of
3-18 the court of criminal appeals, clerk of the court of appeals,
3-19 district clerk, or county clerk may reject a purported court
3-20 document or purported court record if the clerk reasonably believes
3-21 that the purported court document or purported court record is a
3-22 fraudulent court record under Chapter 37, Penal Code.
3-23 (b) A district clerk or county clerk may request the written
3-24 advice of a county attorney, district attorney, or criminal
3-25 district attorney regarding the legitimacy of a document or other
3-26 record presented to the clerk.
3-27 (c) A clerk shall post a sign in or near the clerk's office
4-1 stating that it is a crime to file a fraudulent court record with
4-2 the clerk.
4-3 (d) A person may petition a court to require the clerk of
4-4 that court to accept a document or other record rejected by the
4-5 clerk.
4-6 SECTION 6. Subtitle A, Title 2, Civil Practice and Remedies
4-7 Code, is amended by adding Chapter 12 to read as follows:
4-8 CHAPTER 12. RECORDED DOCUMENTS
4-9 Sec. 12.001. DEFINITIONS. In this chapter:
4-10 (1) "Plaintiff" means:
4-11 (A) a county or district clerk seeking relief
4-12 under this chapter; or
4-13 (B) a person named in a recorded document
4-14 seeking relief under this chapter.
4-15 (2) "Recorded document" means a document that has been
4-16 recorded with an agency or official of a local government, without
4-17 regard to whether the recording of the document is authorized by
4-18 law, including a document that:
4-19 (A) purports to be any type of lien; or
4-20 (B) purports to be recorded under Chapter 12,
4-21 Property Code.
4-22 Sec. 12.002. CAUSE OF ACTION. (a) A plaintiff may bring an
4-23 action to obtain an order under Section 12.003.
4-24 (b) The court shall issue an order under Section 12.003 if
4-25 it is shown that the recorded document is:
4-26 (1) false; or
4-27 (2) not a document that may be recorded under law.
5-1 Sec. 12.003. COURT ORDER. If the court grants relief under
5-2 this chapter, it shall issue an order:
5-3 (1) identifying the recorded document;
5-4 (2) stating that the recorded document is false or not
5-5 a document that may be recorded under law, as appropriate; and
5-6 (3) requiring that:
5-7 (A) the court's order be recorded in the same
5-8 manner as the recorded document that is the subject of the order;
5-9 or
5-10 (B) the recorded document that is the subject of
5-11 the order be destroyed.
5-12 Sec. 12.004. DEFENDANT. The plaintiff shall name as
5-13 defendant to the action the person who caused the recorded document
5-14 to be recorded. If that person is unknown to the plaintiff,
5-15 citation may be made by publication as provided in the Texas Rules
5-16 of Civil Procedure.
5-17 Sec. 12.005. VENUE. An action under this chapter may be
5-18 brought in any justice, county, or district court in the county in
5-19 which the recorded document is recorded.
5-20 Sec. 12.006. FILING FEES. (a) The fee for filing an action
5-21 under this chapter is $1. The plaintiff must pay the fee to the
5-22 clerk of the court in which the action is filed. Except as
5-23 provided by Subsection (b), the plaintiff may not be assessed any
5-24 other fee, cost, charge, or expense by the clerk of the court or
5-25 another public official in connection with the action.
5-26 (b) The fee for service of notice of an action under this
5-27 section charged to the plaintiff may not exceed:
6-1 (1) $20 if the notice is delivered in person; or
6-2 (2) the cost of postage if the service is by
6-3 registered or certified mail.
6-4 (c) If the fee imposed under Subsection (a) is less than the
6-5 filing fee the court imposes for filing other similar actions and
6-6 the plaintiff prevails in the action, the court may order a
6-7 defendant to pay to the court the difference between the fee paid
6-8 under Subsection (a) and the filing fee the court imposes for
6-9 filing other similar actions.
6-10 Sec. 12.007. PLAINTIFF'S COSTS. (a) The court shall award
6-11 the plaintiff the costs of bringing the action if:
6-12 (1) the plaintiff prevails; and
6-13 (2) the court finds that the defendant, at the time
6-14 the defendant caused the recorded document to be recorded, knew or
6-15 should have known that the recorded document is:
6-16 (A) false; or
6-17 (B) not a document that may be recorded under
6-18 law.
6-19 (b) For purposes of this section, the costs of bringing the
6-20 action include all court costs, attorney's fees, and related
6-21 expenses of bringing the action, including investigative expenses.
6-22 Sec. 12.008. REPRESENTATION BY COUNTY ATTORNEY. The county
6-23 attorney shall represent a district clerk or county clerk seeking
6-24 relief under this chapter.
6-25 Sec. 12.009. EFFECT ON OTHER LAW. The remedy established
6-26 under this chapter is in addition to any other remedy authorized by
6-27 statute or common law.
7-1 SECTION 7. Section 202.001(b), Local Government Code, is
7-2 amended to read as follows:
7-3 (b) The following records may be destroyed without meeting
7-4 the conditions of Subsection (a):
7-5 (1) records the destruction or obliteration of which
7-6 is directed by an expunction order issued by a [district] court
7-7 pursuant to state law; and
7-8 (2) records defined as exempt from scheduling or
7-9 filing requirements by rules adopted by the commission or listed as
7-10 exempt in a records retention schedule issued by the commission.
7-11 SECTION 8. An action for an order under Chapter 12, Civil
7-12 Practice and Remedies Code, as added by this Act, may be brought
7-13 with respect to a recorded document without regard to whether the
7-14 document was filed before, on, or after the effective date of this
7-15 Act.
7-16 SECTION 9. A clerk shall complete one hour of continuing
7-17 education regarding fraudulent court documents required by Section
7-18 51.605(c), Government Code, as amended by this Act, before
7-19 September 1, 1999.
7-20 SECTION 10. This Act takes effect September 1, 1997.
7-21 SECTION 11. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.