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.

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