Texas 2013 - 83rd Regular

Texas Senate Bill SB693 Compare Versions

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1	1	By: Carona S.B. No. 693
2	2	(In the Senate - Filed February 20, 2013;
3	3	February 25, 2013, read first time and referred to Committee on
4	4	State Affairs; April 16, 2013, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 6, Nays 0;
6	6	April 16, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 693 By: Nichols
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to clarifying liability and damages for certain liens
13	13	placed on and certain court records of real property.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 12.001, Civil Practice and Remedies
16	16	Code, is amended to read as follows:
17	17	Sec. 12.001. DEFINITIONS. In this chapter:
18	18	(1) "Court record" has the meaning assigned by Section
19	19	37.01, Penal Code.
20	20	(2) "Exemplary damages" has the meaning assigned by
21	21	Section 41.001 and includes any amount awarded under Section
22	22	12.002(b)(1)(A) in excess of actual economic damages.
23	23	(3) [(2-a)] "Filing office" has the meaning assigned
24	24	by Section 9.102, Business & Commerce Code.
25	25	(4) [(2-b)] "Financing statement" has the meaning
26	26	assigned by Section 9.102, Business & Commerce Code.
27	27	(5) "Fraudulent lien" means a lien that is created by
28	28	fraud and filed or recorded without the consent of the person whose
29	29	property is encumbered by the lien.
30	30	(6) "Injured person" means a person who has sustained
31	31	actual economic damages as a result of a violation of Section
32	32	12.002(a) or (a-1).
33	33	(7) [(2-c)] "Inmate" means a person housed in a secure
34	34	correctional facility.
35	35	(8) [(3)] "Lien" means a claim in property for the
36	36	payment of a debt and includes a security interest.
37	37	(9) [(4)] "Public servant" has the meaning assigned by
38	38	Section 1.07, Penal Code, and includes officers and employees of
39	39	the United States.
40	40	(10) [(5)] "Secure correctional facility" has the
41	41	meaning assigned by Section 1.07, Penal Code.
42	42	SECTION 2. Section 12.002, Civil Practice and Remedies
43	43	Code, is amended by amending Subsection (b) and adding Subsections
44	44	(b-1), (b-2), and (b-3) to read as follows:
45	45	(b) A person who violates Subsection (a) or (a-1) is liable
46	46	to the [each] injured person for:
47	47	(1) the greater of:
48	48	(A) $10,000; or
49	49	(B) the actual economic damages caused by the
50	50	violation;
51	51	(2) court costs;
52	52	(3) reasonable attorney's fees; and
53	53	(4) exemplary damages in an amount determined by the
54	54	court.
55	55	(b-1) Notwithstanding any other provision of this chapter,
56	56	multiple persons with an interest in a single property subject to a
57	57	fraudulent lien shall be treated as a single person for purposes of
58	58	calculating total damages, except that the calculation of actual
59	59	economic damages under Subsection (b)(1)(B) must include the sum of
60	60	actual economic damages suffered by each person with an interest in
61	61	the property.
62	62	(b-2) Notwithstanding any other provision of this chapter,
63	63	multiple persons that jointly file a single fraudulent lien shall
64	64	be treated as a single person for purposes of calculating total
65	65	damages.
66	66	(b-3) When an award made as provided by Subsection (b)(1)(A)
67	67	exceeds the actual economic damages caused by the violation,
68	68	damages may not be awarded under Subsection (b)(4).
69	69	SECTION 3. Section 12.003, Civil Practice and Remedies
70	70	Code, is amended by amending Subsection (a) and adding Subsection
71	71	(a-1) to read as follows:
72	72	(a) The following persons may bring an action to enjoin
73	73	violation of this chapter [or to recover damages under this
74	74	chapter]:
75	75	(1) the attorney general;
76	76	(2) a district attorney;
77	77	(3) a criminal district attorney;
78	78	(4) a county attorney with felony responsibilities;
79	79	(5) a county attorney;
80	80	(6) a municipal attorney;
81	81	(7) in the case of a fraudulent judgment lien, the
82	82	person against whom the judgment is rendered; and
83	83	(8) in the case of a fraudulent lien or claim against
84	84	real or personal property or an interest in real or personal
85	85	property, the obligor or debtor at the time the action is commenced,
86	86	or a person who owns an interest in the real or personal property at
87	87	the time the action is commenced.
88	88	(a-1) The persons described by Subsections (a)(7) and (8)
89	89	may also bring an action to recover damages under this chapter. The
90	90	persons described by Subsections (a)(1) through (6) may also bring
91	91	an action to recover damages on behalf of any person described by
92	92	Subsection (a)(7) or (8).
93	93	SECTION 4. Chapter 12, Civil Practice and Remedies Code, is
94	94	amended by adding Section 12.008 to read as follows:
95	95	Sec. 12.008. FOUR-YEAR LIMITATIONS PERIOD. (a) A person
96	96	must bring suit under this chapter not later than four years after
97	97	the date the cause of action accrues.
98	98	(b) A cause of action under this chapter accrues on the
99	99	earlier of:
100	100	(1) the date the fraud is or by the exercise of
101	101	reasonable diligence should have been discovered;
102	102	(2) the date that property subject to a fraudulent
103	103	lien or court record is conveyed if the conveyance occurs after the
104	104	date the fraudulent lien is first recorded; or
105	105	(3) the date the fraudulent lien is released.
106	106	SECTION 5. This Act is intended to clarify existing law with
107	107	respect to which fines may be imposed and which persons are entitled
108	108	to receive damages for actions under Chapter 12, Civil Practice and
109	109	Remedies Code.
110	110	SECTION 6. This Act takes effect immediately if it receives
111	111	a vote of two-thirds of all the members elected to each house, as
112	112	provided by Section 39, Article III, Texas Constitution. If this
113	113	Act does not receive the vote necessary for immediate effect, this
114	114	Act takes effect September 1, 2013.
115	115	* * * * *