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Amend CSHB 2566 by striking SECTIONS 1, 2, and 3 of the bill
(page 1, line 5 through page 3, line 8), substituting the following
appropriately numbered SECTIONS, and renumbering the subsequent
SECTIONS of the bill accordingly:
SECTION ____. Section 12.001, Civil Practice and Remedies
Code, is amended by adding Subdivisions (2-a), (2-b), (2-c), and
(5) to read as follows:
(2-a) "Filing office" has the meaning assigned by
Section 9.102, Business & Commerce Code.
(2-b) "Financing statement" has the meaning assigned
by Section 9.102, Business & Commerce Code.
(2-c) "Inmate" means a person housed in a secure
correctional facility.
(5) "Secure correctional facility" has the meaning
assigned by Section 1.07, Penal Code.
SECTION ____. Section 12.002, Civil Practice and Remedies
Code, is amended by adding Subsections (a-1) and (a-2) and amending
Subsection (b) to read as follows:
(a-1) Except as provided by Subsection (a-2), a person may
not file an abstract of a judgment or an instrument concerning real
or personal property with a court or county clerk, or a financing
statement with a filing office, if the person:
(1) is an inmate; or
(2) is not licensed or regulated under Title 11,
Insurance Code, and is filing on behalf of another person who the
person knows is an inmate.
(a-2) A person described by Subsection (a-1) may file an
abstract, instrument, or financing statement described by that
subsection if the document being filed includes a statement
indicating that:
(1) the person filing the document is an inmate; or
(2) the person is filing the document on behalf of a
person who is an inmate.
(b) A person who violates Subsection (a) or (a-1) is liable
to each injured person for:
(1) the greater of:
(A) $10,000; or
(B) the actual damages caused by the violation;
(2) court costs;
(3) reasonable attorney's fees; and
(4) exemplary damages in an amount determined by the
court.