1-1 By: Bivins, Carona S.B. No. 424
1-2 (In the Senate - Filed February 3, 1997; February 5, 1997,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 11, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 11, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 424 By: Ogden
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to fraudulent public records; creating an offense.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsections (e) and (f), Section 32.21, Penal
1-13 Code, are amended to read as follows:
1-14 (e) An offense under this section is a felony of the third
1-15 degree if the writing is or purports to be:
1-16 (1) part of an issue of money, securities, postage or
1-17 revenue stamps;
1-18 (2) a government record listed in Section 37.01(2)(C)
1-19 [37.01(1)(C)]; or
1-20 (3) other instruments issued by a state or national
1-21 government or by a subdivision of either, or part of an issue of
1-22 stock, bonds, or other instruments representing interests in or
1-23 claims against another person.
1-24 (f) A person is presumed to intend to defraud or harm
1-25 another if the person acts with respect to two or more writings of
1-26 the same type and if each writing is a government record listed in
1-27 Section 37.01(2)(C) [37.01(1)(C)].
1-28 SECTION 2. Section 37.01, Penal Code, is amended to read as
1-29 follows:
1-30 Sec. 37.01. DEFINITIONS. In this chapter:
1-31 (1) "Court record" means a decree, a judgment, an
1-32 order, a subpoena, a warrant, minutes, or another document issued
1-33 by a court of:
1-34 (A) this state;
1-35 (B) another state;
1-36 (C) the United States;
1-37 (D) a foreign country recognized by an act of
1-38 congress, a statute of this state, or a treaty or other
1-39 international convention to which the United States is a party;
1-40 (E) an Indian tribe recognized by the United
1-41 States; or
1-42 (F) any other jurisdiction entitled to full
1-43 faith and credit in this state under the United States
1-44 Constitution.
1-45 (2) "Governmental record" means:
1-46 (A) anything belonging to, received by, or kept
1-47 by government for information;
1-48 (B) anything required by law to be kept by
1-49 others for information of government; or
1-50 (C) a license, certificate, permit, seal, title,
1-51 or similar document issued by government.
1-52 (3) [(2)] "Statement" means any representation of
1-53 fact.
1-54 SECTION 3. Chapter 37, Penal Code, is amended by adding
1-55 Section 37.13 to read as follows:
1-56 Sec. 37.13. FRAUDULENT COURT RECORD. (a) A person commits
1-57 an offense if the person makes, presents, or uses any document or
1-58 other record with:
1-59 (1) knowledge that the document or other record is not
1-60 a genuine court record; and
1-61 (2) intent that the document or other record be given
1-62 the same effect as a genuine court record.
1-63 (b) An offense under this section is a Class A misdemeanor,
1-64 except that the offense is a felony of the third degree if it is
2-1 shown on the trial of the offense that the defendant has previously
2-2 been convicted under this section on two or more occasions.
2-3 (c) This section does not apply to a copy of a document made
2-4 as provided by a court order or as authorized by rules of evidence,
2-5 rules of procedure, local rules of court, or customary practice.
2-6 SECTION 4. Subsection (c), Section 51.605, Government Code,
2-7 is amended to read as follows:
2-8 (c) A clerk must successfully complete 20 hours of
2-9 continuing education courses in the performance of the duties of
2-10 office at least one time in each 24-month period. The 20 hours of
2-11 required continuing education courses must include at least one
2-12 hour of continuing education regarding fraudulent court documents
2-13 and fraudulent document filings.
2-14 SECTION 5. Chapter 51, Government Code, is amended by adding
2-15 Subchapter J to read as follows:
2-16 SUBCHAPTER J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS
2-17 Sec. 51.901. FRAUDULENT DOCUMENT OR INSTRUMENT. If a clerk
2-18 of the supreme court, clerk of the court of criminal appeals, clerk
2-19 of a court of appeals, district clerk, county clerk, or municipal
2-20 clerk has reason to believe that a document or instrument
2-21 previously filed or recorded or offered or submitted for filing or
2-22 for filing and recording is fraudulent, the clerk may:
2-23 (1) if the document is a purported judgment or other
2-24 document purporting to memorialize or evidence an act, order,
2-25 directive, or process of a purported court, provide written notice
2-26 of the filing, recording, or submission for filing or for filing
2-27 and recording to the stated or last known address of the person
2-28 against whom the purported judgment, act, order, directive, or
2-29 process is rendered; or
2-30 (2) if the document or instrument purports to create a
2-31 lien or assert a claim on real property or an interest in real
2-32 property, provide written notice of the filing, recording, or
2-33 submission for filing or for filing and recording to the stated or
2-34 last known address of the person named in the document or
2-35 instrument as the obligor or debtor and to any person who owns any
2-36 interest in the real property described in the document or
2-37 instrument.
2-38 Sec. 51.902. ACTION ON FRAUDULENT JUDGMENT LIEN. (a) A
2-39 person against whom a purported judgment was rendered who has
2-40 reason to believe that a document previously filed or recorded or
2-41 submitted for filing or for filing and recording is fraudulent may
2-42 complete and file with the district clerk a motion that contains,
2-43 at a minimum, the information in the following suggested form:
2-44 MISC. DOCKET NO. __________
2-45 In Re: A Purported In the _______ Judicial District
2-46 Judgment Lien Against In and For _____________________
2-47 (Name of Purported County, Texas
2-48 Debtor)
2-49 Motion for Judicial Review of a Document Purporting to
2-50 Create a Judgment Lien
2-51 Now Comes (name) and files this motion requesting a judicial
2-52 determination of the status of a court, judicial entity, or
2-53 judicial officer purporting to have taken an action that is the
2-54 basis of a judgment lien filed in the office of the Clerk of
2-55 (county name) County, Texas, and in support of the motion would
2-56 show the court as follows:
2-57 I.
2-58 (Name), movant herein, is the person against whom the
2-59 purported judgment was rendered.
2-60 II.
2-61 On (date), in the exercise of the county clerk's official
2-62 duties as County Clerk of (county name) County, Texas, the county
2-63 clerk received and filed or filed and recorded the document
2-64 attached hereto and containing (number) pages. Said document
2-65 purports to have been rendered on the basis of a judgment, act,
2-66 order, directive, or process of a court, judicial entity, or
2-67 judicial officer called therein "(name of purported court, judicial
2-68 entity, or judicial officer)" against one (name of purported
2-69 debtor), movant herein.
3-1 III.
3-2 Movant alleges that the purported court, judicial entity, or
3-3 judicial officer referred to in the attached document is not
3-4 legally created or established under the constitution or laws of
3-5 this state or of the United States and that the document should
3-6 therefore not be accorded lien status.
3-7 PRAYER
3-8 Movant requests the court to review the attached document and
3-9 enter an order determining whether it should be accorded lien
3-10 status, together with such other orders as the court deems
3-11 appropriate.
3-12 Respectfully submitted,
3-13 _________________________
3-14 (Signature and typed name
3-15 and address)
3-16 (b) A motion filed under this section may be ruled on by a
3-17 district judge having jurisdiction over real property matters in
3-18 the county in which the subject document was filed. The court's
3-19 finding may be made solely on a review of the documents attached to
3-20 the movant's motion and without hearing any testimonial evidence.
3-21 The court's review may be made ex parte without delay or notice of
3-22 any kind. The court's ruling on the motion, in the nature of a
3-23 finding of fact and a conclusion of law, is unappealable if it is
3-24 substantially similar to the form suggested in Subsection (f).
3-25 (c) The district clerk may not collect a filing fee for
3-26 filing a motion under this section.
3-27 (d) After reviewing the documents attached to a motion under
3-28 this section, the district judge shall enter an appropriate finding
3-29 of fact and conclusion of law, which must be filed and indexed in
3-30 the same class of records in which the subject document was
3-31 originally filed.
3-32 (e) The county clerk may not collect a filing fee for filing
3-33 a district judge's finding of fact and conclusion of law under this
3-34 section.
3-35 (f) A suggested form order appropriate to comply with this
3-36 section is as follows:
3-37 MISC. DOCKET NO. __________
3-38 In Re: A Purported In the _______ Judicial District
3-39 Judgment Lien Against In and For _____________________
3-40 (Name of Purported County, Texas
3-41 Debtor)
3-42 Judicial Finding of Fact and Conclusion of Law
3-43 Regarding a Document Purporting to Create a Judgment Lien
3-44 On the (number) day of (month), (year), in the above entitled
3-45 and numbered cause, this court reviewed a motion of (name) and the
3-46 documents attached thereto. No testimony was taken from any party,
3-47 nor was there any notice of the court's review, the court having
3-48 made the determination that a decision could be made solely on
3-49 review of the document under the authority vested in the court
3-50 under Subchapter J, Chapter 51, Government Code.
3-51 The court finds as follows (only an item checked and
3-52 initialed is a valid court ruling):
3-53 ______ The document attached to the motion herein refers to a
3-54 legally constituted court, judicial entity, or judicial officer and
3-55 should be given lien status.
3-56 ______ The document attached to the motion herein DOES NOT refer
3-57 to a legally constituted court, judicial entity, or judicial
3-58 officer and there is no valid judgment lien created by the
3-59 document.
3-60 This court makes no finding as to any underlying claims of
3-61 the parties involved and expressly limits its finding of fact and
3-62 conclusion of law to the review of a ministerial act. The county
3-63 clerk shall file this finding of fact and conclusion of law in the
3-64 same class of records as the subject documentation or instrument
3-65 was originally filed, and the court directs the county clerk to
3-66 index it using the same names that were used in indexing the
3-67 subject documentation or instrument.
3-68 SIGNED ON THIS THE ________ DAY OF _________________________.
4-1 _________________________________
4-2 DISTRICT JUDGE
4-3 ________ JUDICIAL DISTRICT
4-4 ___________________ COUNTY, TEXAS
4-5 Sec. 51.903. ACTION ON FRAUDULENT LIEN ON PROPERTY. (a) A
4-6 person listed as a purported debtor or obligor on a filed and
4-7 recorded document purporting to create a lien or a claim against
4-8 the real or personal property of the person may, if the person has
4-9 reason to believe the document is fraudulent, complete and file
4-10 with the district clerk a motion that contains, at a minimum, the
4-11 information in the following suggested form:
4-12 MISC. DOCKET NO. __________
4-13 In Re: A Purported In the _______ Judicial District
4-14 Lien or Claim Against In and For _____________________
4-15 (Name of Purported County, Texas
4-16 Debtor)
4-17 Motion for Judicial Review of Document or Instrument Purporting
4-18 to Create a Lien or Claim
4-19 Now Comes (name) and files this motion requesting a judicial
4-20 determination of the status of a document or instrument purporting
4-21 to create a lien or claim on real or personal property or an
4-22 interest in real or personal property filed in the office of the
4-23 Clerk of (county name) County, Texas, and in support of the motion
4-24 would show the court as follows:
4-25 I.
4-26 (Name), movant herein, is the purported obligor or debtor or
4-27 person who owns the real or personal property or the interest in
4-28 real or personal property described in the attached document or
4-29 instrument.
4-30 II.
4-31 On (date), in the exercise of the county clerk's official
4-32 duties as County Clerk of (county name) County, Texas, the county
4-33 clerk received and filed and recorded the document attached hereto
4-34 and containing (number) pages. Said document purports to have
4-35 created a lien on real or personal property or an interest in real
4-36 or personal property against one (name of purported debtor) movant
4-37 herein.
4-38 III.
4-39 Movant alleges that the document or instrument attached to
4-40 the motion herein is asserted against real or personal property or
4-41 an interest in real or personal property and the document or
4-42 instrument is:
4-43 (1) not provided for by the constitution or laws of
4-44 this state or of the United States;
4-45 (2) not created by implied consent or expressed
4-46 consent which may or may not be evidenced by the signature of the
4-47 obligor, debtor, or owner of an interest in the property, if
4-48 required under the laws of this state, or by consent of an agent,
4-49 fiduciary, or other representative of that person; or
4-50 (3) not an equitable, constructive, or other lien
4-51 imposed by a court with jurisdiction and therefore should not be
4-52 accorded lien status.
4-53 The movant further alleges that documentation is attached and
4-54 the claimant knows of no other documentation supporting the claim
4-55 of the lienholder.
4-56 IV.
4-57 Movant does not request the court to make a finding as to any
4-58 underlying claim of the parties involved and acknowledges that this
4-59 motion does not seek to invalidate a legitimate lien. Movant
4-60 further acknowledges that movant may be subject to sanctions as
4-61 provided by Chapter 10, Civil Practice and Remedies Code, if this
4-62 motion is determined to be frivolous.
4-63 PRAYER
4-64 Movant requests the court to review the attached document and
4-65 enter an order determining whether it should be accorded lien
4-66 status, together with such other orders as the court deems
4-67 appropriate.
5-1 Respectfully submitted,
5-2 _________________________
5-3 (Signature and typed name
5-4 and address)
5-5 (b) A motion under this section may be ruled on by a
5-6 district judge having jurisdiction over real property matters in
5-7 the county in which the subject document was filed. Except as
5-8 provided by Subsection (c) the court's finding may be based solely
5-9 on a review of the movant's motion.
5-10 (c) If a motion filed under this section or its attachments
5-11 names a financial institution as the lienholder of record, the
5-12 movant shall serve a copy of the motion on the financial
5-13 institution, by certified mail, return receipt requested, directing
5-14 the financial institution to file its written response with the
5-15 court not later than the 30th day after the date that the financial
5-16 institution receives notice. If a motion filed under this section
5-17 or its attachments names a financial institution, a court may not
5-18 issue its finding on the motion without providing the financial
5-19 institution an opportunity to respond.
5-20 (d) The district clerk may not collect a filing fee for
5-21 filing a motion under this section.
5-22 (e) After reviewing the documents attached to a motion under
5-23 this section, the district judge shall enter an appropriate finding
5-24 of fact and conclusion of law, which must be filed and indexed in
5-25 the same class of records in which the subject document or
5-26 instrument was originally filed.
5-27 (f) The county clerk may not collect a filing fee for filing
5-28 a district judge's finding of fact and conclusion of law under this
5-29 section.
5-30 (g) A suggested form order appropriate to comply with this
5-31 section is as follows:
5-32 MISC. DOCKET NO. __________
5-33 In Re: A Purported In the _______ Judicial District
5-34 Lien or Claim Against In and For _____________________
5-35 (Name of Purported County, Texas
5-36 Debtor)
5-37 Judicial Finding of Fact and Conclusion of Law Regarding a
5-38 Document or Instrument Purporting to Create a Lien or Claim
5-39 On the (number) day of (month), (year), in the above entitled
5-40 and numbered cause, this court reviewed a motion of (name) and the
5-41 documents attached thereto.
5-42 The court finds as follows (only an item checked and
5-43 initialed is a valid court ruling):
5-44 _______ The document or instrument attached to the motion herein
5-45 IS asserted against real or personal property or an interest in
5-46 real or personal property and:
5-47 (1) IS provided for by specific state or federal
5-48 statutes or constitutional provisions;
5-49 (2) IS created by implied consent or express consent
5-50 as evidenced by the originally signed and attested or acknowledged
5-51 signature of the obligor, debtor, or owner of the real or personal
5-52 property or an interest in the real or personal property, if
5-53 required under the laws of this state, or by consent of an agent,
5-54 fiduciary, or other representative of that person; or
5-55 (3) IS an equitable, constructive, or other lien
5-56 imposed by a court with jurisdiction.
5-57 This document may be given lien status.
5-58 _______ The document or instrument attached to the motion herein:
5-59 (1) IS NOT provided for by specific state or federal
5-60 statutes or constitutional provisions;
5-61 (2) IS NOT created by implied consent or express
5-62 consent as evidenced by the originally signed and attested or
5-63 acknowledged signature of the obligor, debtor, or owner of the real
5-64 or personal property or an interest in the real or personal
5-65 property, if required under the law of this state or by consent of
5-66 an agent, fiduciary, or other representative of that person;
5-67 (3) IS NOT an equitable, constructive, or other lien
5-68 imposed by a court with jurisdiction; or
5-69 (4) IS NOT asserted against real or personal property
6-1 or an interest in real or personal property.
6-2 There is no valid lien or claim created by this document or
6-3 instrument.
6-4 This court makes no finding as to any underlying claims of
6-5 the parties involved and expressly limits its finding of fact and
6-6 conclusion of law to the review of a ministerial act. The county
6-7 clerk shall file this finding of fact and conclusion of law in the
6-8 same class of records as the subject documentation or instrument
6-9 was originally filed, and the court directs the county clerk to
6-10 index it using the same names that were used in indexing the
6-11 subject documentation or instrument.
6-12 SIGNED ON THIS THE ________ DAY OF _________________________.
6-13 _________________________________
6-14 DISTRICT JUDGE
6-15 ________ JUDICIAL DISTRICT
6-16 ___________________ COUNTY, TEXAS
6-17 Sec. 51.904. WARNING SIGN. A clerk described by Section
6-18 51.901 shall post a sign, in letters at least one inch in height,
6-19 that is clearly visible to the general public in or near the
6-20 clerk's office stating that it is a crime to intentionally or
6-21 knowingly file a fraudulent court record or a fraudulent instrument
6-22 with the clerk.
6-23 Sec. 51.905. DOCUMENTS FILED WITH SECRETARY OF STATE.
6-24 (a) If the lien or other claim that is the subject of a judicial
6-25 finding of fact and conclusion of law authorized by this subchapter
6-26 is one that is authorized by law to be filed with the secretary of
6-27 state, any person may file a certified copy of the judicial finding
6-28 of fact and conclusion of law in the records of the secretary of
6-29 state, who shall file the certified copy of the finding in the same
6-30 class of records as the subject document or instrument was
6-31 originally filed and index it using the same names that were used
6-32 in indexing the subject document or instrument.
6-33 (b) The secretary of state may not collect a filing fee for
6-34 filing a certified copy of a judicial finding of fact and
6-35 conclusion of law under this section.
6-36 SECTION 6. Subtitle A, Title 2, Civil Practice and Remedies
6-37 Code, is amended by adding Chapter 12 to read as follows:
6-38 CHAPTER 12. RECORDED DOCUMENTS
6-39 Sec. 12.001. DEFINITIONS. In this chapter:
6-40 (1) "Bona fide court" means a court of:
6-41 (A) this state;
6-42 (B) another state;
6-43 (C) the United States;
6-44 (D) a foreign country recognized by an act of
6-45 congress, a statute of this state, or a treaty or other
6-46 international convention to which the United States is a party;
6-47 (E) an Indian tribe recognized by the United
6-48 States; or
6-49 (F) any other jurisdiction entitled to full
6-50 faith and credit of this state under the United States
6-51 Constitution.
6-52 (2) "Court record" means a decree, a judgment, an
6-53 order, a subpoena, a warrant, minutes, or another document issued
6-54 by a bona fide court.
6-55 (3) "Plaintiff" means:
6-56 (A) a county or district clerk seeking relief
6-57 under this chapter; or
6-58 (B) a person seeking relief under this chapter
6-59 who is named in the recorded document as obligated or ordered to
6-60 pay money or against whom a claim or lien is asserted.
6-61 (4) "Recorded document" means a court record or other
6-62 document that has been recorded with an agency or official of a
6-63 local government, without regard to whether the recording of the
6-64 document is authorized by law, including a document that:
6-65 (A) purports to establish any type of lien; or
6-66 (B) purports to be recorded under Chapter 12,
6-67 Property Code.
6-68 Sec. 12.002. CAUSE OF ACTION. (a) A plaintiff may bring an
6-69 action to obtain an order under Section 12.005.
7-1 (b) The court shall issue an order under Section 12.005 if
7-2 it is shown that the recorded document is fraudulent because the
7-3 document:
7-4 (1) purports to be a court record but is not issued by
7-5 a bona fide court;
7-6 (2) purports to be a lien created with the consent of
7-7 the plaintiff or a predecessor in interest to the plaintiff but was
7-8 not created with that consent;
7-9 (3) is not created by implied consent or express
7-10 consent, which may or may not be evidenced by the signature of the
7-11 obligor, debtor, or owner of an interest in the real property, if
7-12 required under the laws of this state, or by consent of an agent,
7-13 fiduciary, or other representative of that person; or
7-14 (4) is a fraudulent financing statement as described
7-15 by Section 9.412(a), Business & Commerce Code.
7-16 Sec. 12.003. PLAINTIFF'S PLEADING. An original pleading
7-17 that sets forth a claim for relief under this chapter must be
7-18 executed by the plaintiff or the plaintiff's attorney and must be
7-19 in substantially the following form:
7-20 MISC. DOCKET NO._______
7-21 In Re: A Recorded Document In the___Court in and for___County
7-22 Against (Plaintiff) In and For __________
7-23 (Name of County, Texas)
7-24 Judicial Review of Recorded Document
7-25 Now Comes (name of plaintiff) and files this pleading
7-26 requesting an order under Chapter 12, Civil Practice and Remedies
7-27 Code, determining the status of a recorded document filed in the
7-28 office of (name of agency or official of local government with
7-29 which the recorded document is recorded), and in support of this
7-30 pleading states:
7-31 I.
7-32 (Name of plaintiff), plaintiff herein, is the purported
7-33 obligor or debtor as provided by a recorded document filed in the
7-34 office of (name of agency or official of local government with
7-35 which the recorded document is recorded). I believe that the
7-36 recorded document is fraudulent because:
7-37 (initial only applicable item below)
7-38 _____the recorded document purports to be a court record but
7-39 is not issued by a bona fide court;
7-40 _____the recorded document purports to be a lien created with
7-41 the consent of the plaintiff or a predecessor in interest to the
7-42 plaintiff but was not created with implied or expressed consent of
7-43 the obligor, debtor, or owner of an interest in the real property;
7-44 or
7-45 _____the recorded document is a fraudulent financing
7-46 statement as described by Section 9.412(a), Business & Commerce
7-47 Code.
7-48 II.
7-49 The subject matter of this pleading (is or is not) the
7-50 subject of another civil action in which the plaintiff is a party.
7-51 III.
7-52 This pleading is not frivolous and otherwise does not violate
7-53 Section 10.001, Civil Practice and Remedies Code. The plaintiff
7-54 acknowledges that if the pleading is frivolous or otherwise
7-55 violates Section 10.001, the plaintiff is subject to sanctions as
7-56 provided by Chapter 10, Civil Practice and Remedies Code.
7-57 PRAYER
7-58 Plaintiff requests the court to review the attached recorded
7-59 document and enter an order stating that the document is
7-60 fraudulent, as provided by Section 12.005, Civil Practice and
7-61 Remedies Code, and requiring that the court's order and any
7-62 findings of fact and conclusions of law be recorded in the same
7-63 manner as the recorded document that is the subject of the order.
7-64 Respectfully submitted,
7-65 _________________________
7-66 (Signature and typed name
7-67 and address)
7-68 Sec. 12.004. DEFENDANT. The plaintiff shall name as
7-69 defendant to the action the lienholder of record as the lienholder
8-1 appears in the records in which the recorded document that is the
8-2 subject of the cause of action is recorded. If the address of that
8-3 person is unknown to the plaintiff, citation may be made by
8-4 publication as provided by the Texas Rules of Civil Procedure.
8-5 Sec. 12.005. COURT ORDER. If the court grants relief under
8-6 this chapter, it shall issue an order:
8-7 (1) identifying the recorded document;
8-8 (2) stating that the recorded document is fraudulent
8-9 as described by Section 12.002(b); and
8-10 (3) requiring that the court's order be recorded in
8-11 the same manner as the recorded document that is the subject of the
8-12 order.
8-13 Sec. 12.006. VENUE. An action under this chapter may be
8-14 brought in any justice, county, or district court in the county in
8-15 which the recorded document is recorded.
8-16 Sec. 12.007. FILING FEES. (a) The fee for filing an action
8-17 under this chapter is $1. The plaintiff must pay the fee to the
8-18 clerk of the court in which the action is filed. Except as
8-19 provided by Subsection (b), the plaintiff may not be assessed any
8-20 other fee, cost, charge, or expense by the clerk of the court or
8-21 another public official in connection with the action.
8-22 (b) The fee for service of notice of an action under this
8-23 chapter charged to the plaintiff may not exceed:
8-24 (1) $20 if the notice is delivered in person; or
8-25 (2) the cost of postage if the service is by
8-26 registered or certified mail.
8-27 (c) A plaintiff who is a county clerk or district clerk may
8-28 not be assessed a fee, cost, charge, or expense, including a fee
8-29 for filing an action under this chapter or a fee for service of
8-30 notice of an action under this chapter.
8-31 (d) If the fee imposed under Subsection (a) is less than the
8-32 filing fee the court imposes for filing other similar actions or if
8-33 a filing fee is not imposed under Subsection (c) and the plaintiff
8-34 prevails in the action, the court may order a defendant to pay to
8-35 the court the difference between any fee paid and the filing fee
8-36 the court imposes for filing other similar actions.
8-37 Sec. 12.008. PLAINTIFF'S COSTS. (a) The court shall award
8-38 the plaintiff the costs of bringing the action if:
8-39 (1) the plaintiff prevails; and
8-40 (2) the court finds that the defendant, at the time
8-41 the defendant caused the recorded document to be recorded, knew or
8-42 should have known that the recorded document is fraudulent as
8-43 described by Section 12.002(b).
8-44 (b) For purposes of this section, the costs of bringing the
8-45 action include all court costs, attorney's fees, and related
8-46 expenses of bringing the action, including investigative expenses.
8-47 Sec. 12.009. DEFENDANT'S COSTS. (a) The court shall award
8-48 the defendant the costs of defending the action if the defendant
8-49 prevails.
8-50 (b) For purposes of this section, the costs of defending the
8-51 action include all court costs, attorney's fees, and related
8-52 expenses of defending the action, including investigative expenses.
8-53 Sec. 12.010. REPRESENTATION BY COUNTY ATTORNEY. The county
8-54 attorney shall represent a district clerk or county clerk seeking
8-55 relief under this chapter.
8-56 Sec. 12.011. EFFECT ON OTHER LAW. The remedy established
8-57 under this chapter is in addition to any other remedy authorized by
8-58 statute or common law.
8-59 SECTION 7. Subsection (b), Section 202.001, Local Government
8-60 Code, is amended to read as follows:
8-61 (b) The following records may be destroyed without meeting
8-62 the conditions of Subsection (a):
8-63 (1) records the destruction or obliteration of which
8-64 is directed by an expunction order issued by a [district] court
8-65 pursuant to state law; and
8-66 (2) records defined as exempt from scheduling or
8-67 filing requirements by rules adopted by the commission or listed as
8-68 exempt in a records retention schedule issued by the commission.
8-69 SECTION 8. An action for an order under Chapter 12, Civil
9-1 Practice and Remedies Code, as added by this Act, may be brought
9-2 with respect to a recorded document without regard to whether the
9-3 document was filed before, on, or after the effective date of this
9-4 Act.
9-5 SECTION 9. A clerk shall complete one hour of continuing
9-6 education regarding fraudulent court documents required by
9-7 Subsection (c), Section 51.605, Government Code, as amended by this
9-8 Act, before September 1, 1999.
9-9 SECTION 10. This Act takes effect September 1, 1997.
9-10 SECTION 11. The importance of this legislation and the
9-11 crowded condition of the calendars in both houses create an
9-12 emergency and an imperative public necessity that the
9-13 constitutional rule requiring bills to be read on three several
9-14 days in each house be suspended, and this rule is hereby suspended.
9-15 * * * * *