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A BILL TO BE ENTITLED
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AN ACT
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relating to a document or instrument filed by an inmate with a court |
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concerning real or personal property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.001, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) An instrument concerning real or personal property may |
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be recorded if it has been acknowledged, sworn to with a proper |
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jurat, or proved according to law. The instrument must include a |
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statement indicating whether the person recording the instrument, |
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or on whose behalf the person is recording the instrument, is an |
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inmate. |
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(e) In this section: |
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(1) "Inmate" means a person housed in a secure |
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correctional facility. |
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(2) "Secure correctional facility" has the meaning |
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assigned by Section 1.07, Penal Code. |
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SECTION 2. Section 52.003, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) An abstract of a judgment must show: |
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(1) the names of the plaintiff and defendant; |
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(2) the birthdate and driver's license number of the |
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defendant, if available to the clerk or justice; |
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(3) the number of the suit in which the judgment was |
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rendered; |
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(4) the defendant's address, or if the address is not |
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shown in the suit, the nature of citation and the date and place of |
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service of citation; |
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(5) the date on which the judgment was rendered; |
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(6) the amount for which the judgment was rendered and |
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the balance due; |
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(7) the amount of the balance due, if any, for child |
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support arrearage; [and] |
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(8) the rate of interest specified in the judgment; |
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and |
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(9) whether the plaintiff is an inmate. |
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(c) In this section: |
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(1) "Inmate" means a person housed in a secure |
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correctional facility. |
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(2) "Secure correctional facility" has the meaning |
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assigned by Section 1.07, Penal Code. |
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SECTION 3. Section 9.502, Business & Commerce Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) Subject to Subsection (b), a financing statement is |
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sufficient only if it: |
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(1) provides the name of the debtor; |
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(2) provides the name of the secured party or a |
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representative of the secured party and states whether the secured |
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party is an inmate; and |
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(3) indicates the collateral covered by the financing |
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statement. |
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(e) In this section: |
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(1) "Inmate" means a person housed in a secure |
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correctional facility. |
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(2) "Secure correctional facility" has the meaning |
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assigned by Section 1.07, Penal Code. |
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SECTION 4. Section 51.901, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) For purposes of this section, a document or instrument |
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is presumed to be fraudulent if: |
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(1) the document is a purported judgment or other |
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document purporting to memorialize or evidence an act, an order, a |
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directive, or process of: |
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(A) a purported court or a purported judicial |
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entity not expressly created or established under the constitution |
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or the laws of this state or of the United States; or |
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(B) a purported judicial officer of a purported |
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court or purported judicial entity described by Paragraph (A); [or] |
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(2) the document or instrument purports to create a |
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lien or assert a claim against real or personal property or an |
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interest in real or personal property and: |
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(A) is not a document or instrument provided for |
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by the constitution or laws of this state or of the United States; |
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(B) is not created by implied or express consent |
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or agreement of the obligor, debtor, or the owner of the real or |
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personal property or an interest in the real or personal property, |
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if required under the laws of this state, or by implied or express |
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consent or agreement of an agent, fiduciary, or other |
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representative of that person; or |
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(C) is not an equitable, constructive, or other |
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lien imposed by a court with jurisdiction created or established |
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under the constitution or laws of this state or of the United |
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States; or |
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(3) the document or instrument purports to create a |
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lien or assert a claim against real or personal property or an |
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interest in real or personal property and the document or |
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instrument is filed by an inmate or on behalf of an inmate. |
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(e) In this section: |
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(1) "Inmate" means a person housed in a secure |
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correctional facility. |
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(2) "Secure correctional facility" has the meaning |
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assigned by Section 1.07, Penal Code. |
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SECTION 5. The change in law made by this Act applies only |
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to a document or instrument presented for recording on or after the |
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effective date of this Act. A document or instrument presented for |
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recording before the effective date of this Act is covered by the |
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law in effect when the document or instrument was presented for |
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recording, and the former law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |