| |
| |
| |
|
|
AN ACT
|
|
|
relating to a document or instrument filed by an inmate with a court |
|
|
concerning real or personal property. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 2. 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. |
|
|
SECTION 3. Section 51.901, Government Code, is amended by |
|
|
amending Subsection (c) and adding Subsections (e) and (f) to read |
|
|
as follows: |
|
|
(c) For purposes of this section, a document or instrument |
|
|
is presumed to be fraudulent if: |
|
|
(1) the document is a purported judgment or other |
|
|
document purporting to memorialize or evidence an act, an order, a |
|
|
directive, or process of: |
|
|
(A) a purported court or a purported judicial |
|
|
entity not expressly created or established under the constitution |
|
|
or the laws of this state or of the United States; or |
|
|
(B) a purported judicial officer of a purported |
|
|
court or purported judicial entity described by Paragraph (A); [or] |
|
|
(2) the document or instrument purports to create a |
|
|
lien or assert a claim against real or personal property or an |
|
|
interest in real or personal property and: |
|
|
(A) is not a document or instrument provided for |
|
|
by the constitution or laws of this state or of the United States; |
|
|
(B) is not created by implied or express consent |
|
|
or agreement of the obligor, debtor, or the owner of the real or |
|
|
personal property or an interest in the real or personal property, |
|
|
if required under the laws of this state, or by implied or express |
|
|
consent or agreement of an agent, fiduciary, or other |
|
|
representative of that person; or |
|
|
(C) is not an equitable, constructive, or other |
|
|
lien imposed by a court with jurisdiction created or established |
|
|
under the constitution or laws of this state or of the United |
|
|
States; or |
|
|
(3) the document or instrument purports to create a |
|
|
lien or assert a claim against real or personal property or an |
|
|
interest in real or personal property and the document or |
|
|
instrument is filed by an inmate or on behalf of an inmate. |
|
|
(e) A presumption under Subsection (c)(3) may be rebutted by |
|
|
providing the filing officer in the filing office in which the |
|
|
document is filed or recorded the original or a copy of a sworn and |
|
|
notarized document signed by the obligor, debtor, or owner of the |
|
|
property designated as collateral stating that the person entered |
|
|
into a security agreement with the inmate and authorized the filing |
|
|
of the financing statement as provided by Section 9.509, Business & |
|
|
Commerce Code. |
|
|
(f) In this section: |
|
|
(1) "Inmate" means a person housed in a secure |
|
|
correctional facility. |
|
|
(2) "Secure correctional facility" has the meaning |
|
|
assigned by Section 1.07, Penal Code. |
|
|
SECTION 4. Section 405.021, Government Code, as added by |
|
|
Chapter 407, Acts of the 79th Legislature, Regular Session, 2005, |
|
|
is amended to read as follows: |
|
|
Sec. 405.021. FILING OR RECORDING OF FRAUDULENT |
|
|
DOCUMENT. (a) If the secretary of state believes in good faith |
|
|
that a document filed with the secretary of state to create a lien |
|
|
is fraudulent, the secretary of state shall: |
|
|
(1) request the assistance of the attorney general to |
|
|
determine whether the document is fraudulent before filing or |
|
|
recording the document; |
|
|
(2) request that the prospective filer provide to the |
|
|
secretary of state additional documentation supporting the |
|
|
existence of the lien, such as a contract or other document that |
|
|
contains the alleged debtor or obligor's signature; and |
|
|
(3) forward any additional documentation received to |
|
|
the attorney general. |
|
|
(b) For purposes of this section, a document or instrument |
|
|
is presumed to be fraudulent if the document or instrument is filed |
|
|
by an inmate or on behalf of an inmate. |
|
|
(c) A presumption under Subsection (b) may be rebutted by |
|
|
providing the secretary of state the original or a copy of a sworn |
|
|
and notarized document signed by the obligor, debtor, or owner of |
|
|
the property designated as collateral stating that the person |
|
|
entered into a security agreement with the inmate and authorized |
|
|
the filing of the instrument as provided by Section 9.509, Business & |
|
|
Commerce Code. |
|
|
(d) In this section: |
|
|
(1) "Inmate" means a person housed in a secure |
|
|
correctional facility. |
|
|
(2) "Secure correctional facility" has the meaning |
|
|
assigned by Section 1.07, Penal Code. |
|
|
SECTION 5. The change in law made by this Act applies only |
|
|
to a document or instrument presented for recording on or after the |
|
|
effective date of this Act. A document or instrument presented for |
|
|
recording before the effective date of this Act is covered by the |
|
|
law in effect when the document or instrument was presented for |
|
|
recording, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2566 was passed by the House on May |
|
|
10, 2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2566 on May 25, 2007, by the following vote: Yeas 139, Nays 0, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2566 was passed by the Senate, with |
|
|
amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |