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A BILL TO BE ENTITLED
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AN ACT
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relating to clarifying liability and damages for certain liens |
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placed on and certain court records of real 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, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 12.001. DEFINITIONS. In this chapter: |
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(1) "Court record" has the meaning assigned by Section |
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37.01, Penal Code. |
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(2) "Exemplary damages" has the meaning assigned by |
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Section 41.001 and includes any amount awarded under Section |
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12.002(b)(1)(A) in excess of actual economic damages. |
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(3) [(2-a)] "Filing office" has the meaning assigned |
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by Section 9.102, Business & Commerce Code. |
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(4) [(2-b)] "Financing statement" has the meaning |
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assigned by Section 9.102, Business & Commerce Code. |
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(5) "Fraudulent lien" means a lien that is created by |
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fraud and filed or recorded without the consent of the person whose |
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property is encumbered by the lien. |
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(6) "Injured person" means a person who has sustained |
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actual economic damages as a result of a violation of Section |
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12.002(a) or (a-1). |
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(7) [(2-c)] "Inmate" means a person housed in a secure |
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correctional facility. |
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(8) [(3)] "Lien" means a claim in property for the |
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payment of a debt and includes a security interest. |
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(9) [(4)] "Public servant" has the meaning assigned by |
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Section 1.07, Penal Code, and includes officers and employees of |
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the United States. |
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(10) [(5)] "Secure correctional facility" has the |
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meaning assigned by Section 1.07, Penal Code. |
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SECTION 2. Section 12.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (b) and adding Subsections |
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(b-1), (b-2), and (b-3) to read as follows: |
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(b) A person who violates Subsection (a) or (a-1) is liable |
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to the [each] injured person for: |
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(1) the greater of: |
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(A) $10,000; or |
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(B) the actual economic damages caused by the |
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violation; |
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(2) court costs; |
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(3) reasonable attorney's fees; and |
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(4) exemplary damages in an amount determined by the |
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court. |
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(b-1) Notwithstanding any other provision of this chapter, |
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multiple persons with an interest in a single property subject to a |
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fraudulent lien shall be treated as a single person for purposes of |
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calculating total damages, except that the calculation of actual |
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economic damages under Subsection (b)(1)(B) must include the sum of |
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actual economic damages suffered by each person with an interest in |
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the property. |
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(b-2) Notwithstanding any other provision of this chapter, |
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multiple persons that jointly file a single fraudulent lien shall |
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be treated as a single person for purposes of calculating total |
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damages. |
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(b-3) When an award made as provided by Subsection (b)(1)(A) |
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exceeds the actual economic damages caused by the violation, |
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damages may not be awarded under Subsection (b)(4). |
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SECTION 3. Section 12.003, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(a-1) to read as follows: |
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(a) The following persons may bring an action to enjoin |
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violation of this chapter [or to recover damages under this
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chapter]: |
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(1) the attorney general; |
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(2) a district attorney; |
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(3) a criminal district attorney; |
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(4) a county attorney with felony responsibilities; |
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(5) a county attorney; |
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(6) a municipal attorney; |
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(7) in the case of a fraudulent judgment lien, the |
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person against whom the judgment is rendered; and |
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(8) in the case of a fraudulent lien or claim against |
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real or personal property or an interest in real or personal |
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property, the obligor or debtor at the time the action is commenced, |
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or a person who owns an interest in the real or personal property at |
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the time the action is commenced. |
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(a-1) The persons described by Subsections (a)(7) and (8) |
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may also bring an action to recover damages under this chapter. The |
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persons described by Subsections (a)(1) through (6) may also bring |
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an action to recover damages on behalf of any person described by |
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Subsection (a)(7) or (8). |
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SECTION 4. Chapter 12, Civil Practice and Remedies Code, is |
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amended by adding Section 12.008 to read as follows: |
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Sec. 12.008. FOUR-YEAR LIMITATIONS PERIOD. (a) A person |
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must bring suit under this chapter not later than four years after |
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the date the cause of action accrues. |
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(b) A cause of action under this chapter accrues on the |
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earlier of: |
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(1) the date the fraud is or by the exercise of |
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reasonable diligence should have been discovered; |
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(2) the date that property subject to a fraudulent |
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lien or court record is conveyed if the conveyance occurs after the |
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date the fraudulent lien is first recorded; or |
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(3) the date the fraudulent lien is released. |
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SECTION 5. This Act is intended to clarify existing law with |
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respect to which fines may be imposed and which persons are entitled |
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to receive damages for actions under Chapter 12, Civil Practice and |
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Remedies Code. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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* * * * * |