Amend CSHB 3945 (house committee printing) as follows:
(1) On page 1, line 6, strike "Subdivision (5-a)" and substitute "Subdivision (7)".
(2) On page 1, strike lines 8 and 9.
(3) On page 1, between lines 13 and 14, insert the
following:
(7) "Authorized title insurance agent," with respect
to an Affidavit as Release of Lien under this section, means a
person licensed as a title insurance agent under Chapter 2651,
Insurance Code, and authorized in writing by a title insurance
company by instrument recorded in the real property records in the
county in which the property to which the affidavit relates is
located to execute one or more Affidavits as Release of Lien in
compliance with this section, subject to any terms, limitations,
and conditions that are set forth in the instrument executed by the
title insurance company.
(4) On page 2, line 5, strike "or a title insurance agent"
and substitute "or an authorized title insurance agent".
(5) On page 2, line 19, strike "title insurance agent" and
substitute "authorized title insurance agent".
(6) On page 5, lines 5 and 6, 10, 13, and 16 and 17, strike
"title insurance agent" and substitute "authorized title insurance
agent".
(7) On page 5, line 7, strike "company or agent" and
substitute "title insurance company or authorized title insurance
agent".
(8) Strike page 6, lines 9 through 18, and substitute the
following:
(i) A person who knowingly causes an affidavit with false
information to be executed and recorded under this section is
liable for the penalties for filing a false affidavit, including
the penalties for commission of offenses under Section 37.02 of the
Penal Code[, and to a party injured by the affidavit for actual
damages or $5,000, whichever is greater]. The attorney general may
sue to collect the penalty. A person who negligently causes an
affidavit with false information to be executed and recorded under
this section is liable to a party injured by the affidavit for
actual damages. If the attorney general or an injured party
bringing suit substantially prevails in an action under this
subsection, the court may award reasonable attorney's fees and
court costs to the prevailing party.
(9) On page 6, line 19, strike "title insurance agent" and
substitute "authorized title insurance agent".