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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal offense of fraudulent securing of document |
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execution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 32.46, Penal Code, is |
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amended to read as follows: |
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Sec. 32.46. FRAUDULENT SECURING OF DOCUMENT EXECUTION [OF
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DOCUMENT BY DECEPTION]. |
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SECTION 2. Sections 32.46(a) and (b), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person, with the |
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intent to defraud or harm any person[, he, by deception]: |
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(1) by deception causes another to sign or execute any |
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document affecting property or service or the pecuniary interest of |
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any person; [or] |
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(2) by deception causes or induces a public servant to |
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file or record any purported judgment or other document purporting |
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to memorialize or evidence an act, an order, a directive, or process |
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of: |
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(A) a purported court that is not expressly |
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created or established under the constitution or the laws of this |
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state or of the United States; |
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(B) a purported judicial entity that is not |
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expressly created or established under the constitution or laws of |
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this state or of the United States; or |
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(C) 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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(B); or |
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(3) causes another person, without the effective |
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consent of that person, to sign or execute any document affecting |
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property or service or the pecuniary interest of any person. |
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(b) An offense under Subsection (a)(1) or (3) is a: |
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(1) Class C misdemeanor if the value of the property, |
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service, or pecuniary interest is less than $100; |
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(2) Class B misdemeanor if the value of the property, |
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service, or pecuniary interest is $100 or more but less than $750; |
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(3) Class A misdemeanor if the value of the property, |
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service, or pecuniary interest is $750 or more but less than $2,500; |
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(4) state jail felony if the value of the property, |
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service, or pecuniary interest is $2,500 or more but less than |
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$30,000; |
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(5) felony of the third degree if the value of the |
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property, service, or pecuniary interest is $30,000 or more but |
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less than $150,000; |
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(6) felony of the second degree if the value of the |
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property, service, or pecuniary interest is $150,000 or more but |
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less than $300,000; or |
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(7) felony of the first degree if the value of the |
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property, service, or pecuniary interest is $300,000 or more. |
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SECTION 3. Section 33.013(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) Notwithstanding Subsection (a), each liable defendant |
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is, in addition to the defendant's [his] liability under Subsection |
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(a), jointly and severally liable for the damages recoverable by |
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the claimant under Section 33.012 with respect to a cause of action |
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if: |
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(1) the percentage of responsibility attributed to the |
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defendant with respect to a cause of action is greater than 50 |
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percent; or |
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(2) the defendant, with the specific intent to do harm |
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to others, acted in concert with another person to engage in the |
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conduct described in the following provisions of the Penal Code and |
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in so doing proximately caused the damages legally recoverable by |
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the claimant: |
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(A) Section 19.02 (murder); |
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(B) Section 19.03 (capital murder); |
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(C) Section 20.04 (aggravated kidnapping); |
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(D) Section 22.02 (aggravated assault); |
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(E) Section 22.011 (sexual assault); |
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(F) Section 22.021 (aggravated sexual assault); |
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(G) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual); |
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(H) Section 32.21 (forgery); |
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(I) Section 32.43 (commercial bribery); |
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(J) Section 32.45 (misapplication of fiduciary |
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property or property of financial institution); |
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(K) Section 32.46 (fraudulent securing of |
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document execution [of document by deception]); |
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(L) Section 32.47 (fraudulent destruction, |
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removal, or concealment of writing); |
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(M) conduct described in Chapter 31 the |
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punishment level for which is a felony of the third degree or |
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higher; or |
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(N) Section 21.02 (continuous sexual abuse of |
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young child or children). |
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SECTION 4. Section 41.008(c), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(c) This section does not apply to a cause of action against |
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a defendant from whom a plaintiff seeks recovery of exemplary |
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damages based on conduct described as a felony in the following |
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sections of the Penal Code if, except for Sections 49.07 and 49.08, |
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the conduct was committed knowingly or intentionally: |
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(1) Section 19.02 (murder); |
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(2) Section 19.03 (capital murder); |
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(3) Section 20.04 (aggravated kidnapping); |
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(4) Section 22.02 (aggravated assault); |
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(5) Section 22.011 (sexual assault); |
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(6) Section 22.021 (aggravated sexual assault); |
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(7) Section 22.04 (injury to a child, elderly |
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individual, or disabled individual, but not if the conduct occurred |
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while providing health care as defined by Section 74.001 of this |
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code); |
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(8) Section 32.21 (forgery); |
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(9) Section 32.43 (commercial bribery); |
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(10) Section 32.45 (misapplication of fiduciary |
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property or property of financial institution); |
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(11) Section 32.46 (fraudulent securing of document |
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execution [of document by deception]); |
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(12) Section 32.47 (fraudulent destruction, removal, |
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or concealment of writing); |
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(13) Chapter 31 (theft) the punishment level for which |
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is a felony of the third degree or higher; |
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(14) Section 49.07 (intoxication assault); |
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(15) Section 49.08 (intoxication manslaughter); |
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(16) Section 21.02 (continuous sexual abuse of young |
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child or children); or |
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(17) Chapter 20A (trafficking of persons). |
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SECTION 5. Section 250.006(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person may not be employed in a position the duties of |
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which involve direct contact with a consumer in a facility or may |
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not be employed by an individual employer before the fifth |
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anniversary of the date the person is convicted of: |
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(1) an offense under Section 22.01, Penal Code |
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(assault), that is punishable as a Class A misdemeanor or as a |
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felony; |
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(2) an offense under Section 30.02, Penal Code |
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(burglary); |
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(3) an offense under Chapter 31, Penal Code (theft), |
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that is punishable as a felony; |
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(4) an offense under Section 32.45, Penal Code |
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(misapplication of fiduciary property or property of financial |
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institution), that is punishable as a Class A misdemeanor or a |
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felony; |
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(5) an offense under Section 32.46, Penal Code |
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(fraudulent securing of document execution [of document by
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deception]), that is punishable as a Class A misdemeanor or a |
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felony; |
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(6) an offense under Section 37.12, Penal Code (false |
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identification as peace officer; misrepresentation of property); |
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or |
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(7) an offense under Section 42.01(a)(7), (8), or (9), |
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Penal Code (disorderly conduct). |
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SECTION 6. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 7. This Act takes effect September 1, 2019. |