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                                                                  S.B. No. 1589




AN ACT

relating to fraudulent documents offered to the county clerk or the 
secretary of state for filing.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 51.901, Government Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  If a county clerk believes in good faith that a document 
filed with the county clerk to create a lien is fraudulent, the 
clerk shall:
		(1)  request the assistance of the county or district 
attorney to determine whether the document is fraudulent before 
filing or recording the document;
		(2)  request that the prospective filer provide to the 
county clerk additional documentation supporting the existence of 
the lien, such as a contract or other document that contains the 
alleged debtor or obligor's signature; and
		(3)  forward any additional documentation received to 
the county or district attorney.
	SECTION 2.  Subchapter B, Chapter 405, Government Code, is 
amended by adding Section 405.021 to read as follows:
	Sec. 405.021.  FILING OR RECORDING OF FRAUDULENT DOCUMENT.  
If the secretary of state believes in good faith that a document 
filed with the secretary of state to create a lien is fraudulent, 
the secretary of state shall:
		(1)  request the assistance of the attorney general to 
determine whether the document is fraudulent before filing or 
recording the document;
		(2)  request that the prospective filer provide to the 
secretary of state additional documentation supporting the 
existence of the lien, such as a contract or other document that 
contains the alleged debtor or obligor's signature; and
		(3)  forward any additional documentation received to 
the attorney general.
	SECTION 3.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1589 passed the Senate on 
May 3, 2005, by the following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1589 passed the House on 
May 25, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor