By: Carona S.B. No. 1589
(In the Senate - Filed March 11, 2005; March 22, 2005, read
first time and referred to Committee on Intergovernmental
Relations; April 22, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 22, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1589 By: Gallegos
A BILL TO BE ENTITLED
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.
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