Texas 2019 - 86th Regular

Texas Senate Bill SB2115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11841 TSS-F
2	2	By: West S.B. No. 2115
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal offense of fraudulent securing of document
8	8	execution.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 32.46, Penal Code, is
11	11	amended to read as follows:
12	12	Sec. 32.46. FRAUDULENT SECURING OF DOCUMENT EXECUTION [OF
13	13	DOCUMENT BY DECEPTION].
14	14	SECTION 2. Sections 32.46(a) and (b), Penal Code, are
15	15	amended to read as follows:
16	16	(a) A person commits an offense if the person, with the
17	17	intent to defraud or harm any person[, he, by deception]:
18	18	(1) by deception causes another to sign or execute any
19	19	document affecting property or service or the pecuniary interest of
20	20	any person; [or]
21	21	(2) by deception causes or induces a public servant to
22	22	file or record any purported judgment or other document purporting
23	23	to memorialize or evidence an act, an order, a directive, or process
24	24	of:
25	25	(A) a purported court that is not expressly
26	26	created or established under the constitution or the laws of this
27	27	state or of the United States;
28	28	(B) a purported judicial entity that is not
29	29	expressly created or established under the constitution or laws of
30	30	this state or of the United States; or
31	31	(C) a purported judicial officer of a purported
32	32	court or purported judicial entity described by Paragraph (A) or
33	33	(B); or
34	34	(3) causes another person, without the effective
35	35	consent of that person, to sign or execute any document affecting
36	36	property or service or the pecuniary interest of any person.
37	37	(b) An offense under Subsection (a)(1) or (3) is a:
38	38	(1) Class C misdemeanor if the value of the property,
39	39	service, or pecuniary interest is less than $100;
40	40	(2) Class B misdemeanor if the value of the property,
41	41	service, or pecuniary interest is $100 or more but less than $750;
42	42	(3) Class A misdemeanor if the value of the property,
43	43	service, or pecuniary interest is $750 or more but less than $2,500;
44	44	(4) state jail felony if the value of the property,
45	45	service, or pecuniary interest is $2,500 or more but less than
46	46	$30,000;
47	47	(5) felony of the third degree if the value of the
48	48	property, service, or pecuniary interest is $30,000 or more but
49	49	less than $150,000;
50	50	(6) felony of the second degree if the value of the
51	51	property, service, or pecuniary interest is $150,000 or more but
52	52	less than $300,000; or
53	53	(7) felony of the first degree if the value of the
54	54	property, service, or pecuniary interest is $300,000 or more.
55	55	SECTION 3. Section 33.013(b), Civil Practice and Remedies
56	56	Code, is amended to read as follows:
57	57	(b) Notwithstanding Subsection (a), each liable defendant
58	58	is, in addition to the defendant's [his] liability under Subsection
59	59	(a), jointly and severally liable for the damages recoverable by
60	60	the claimant under Section 33.012 with respect to a cause of action
61	61	if:
62	62	(1) the percentage of responsibility attributed to the
63	63	defendant with respect to a cause of action is greater than 50
64	64	percent; or
65	65	(2) the defendant, with the specific intent to do harm
66	66	to others, acted in concert with another person to engage in the
67	67	conduct described in the following provisions of the Penal Code and
68	68	in so doing proximately caused the damages legally recoverable by
69	69	the claimant:
70	70	(A) Section 19.02 (murder);
71	71	(B) Section 19.03 (capital murder);
72	72	(C) Section 20.04 (aggravated kidnapping);
73	73	(D) Section 22.02 (aggravated assault);
74	74	(E) Section 22.011 (sexual assault);
75	75	(F) Section 22.021 (aggravated sexual assault);
76	76	(G) Section 22.04 (injury to a child, elderly
77	77	individual, or disabled individual);
78	78	(H) Section 32.21 (forgery);
79	79	(I) Section 32.43 (commercial bribery);
80	80	(J) Section 32.45 (misapplication of fiduciary
81	81	property or property of financial institution);
82	82	(K) Section 32.46 (fraudulent securing of
83	83	document execution [of document by deception]);
84	84	(L) Section 32.47 (fraudulent destruction,
85	85	removal, or concealment of writing);
86	86	(M) conduct described in Chapter 31 the
87	87	punishment level for which is a felony of the third degree or
88	88	higher; or
89	89	(N) Section 21.02 (continuous sexual abuse of
90	90	young child or children).
91	91	SECTION 4. Section 41.008(c), Civil Practice and Remedies
92	92	Code, is amended to read as follows:
93	93	(c) This section does not apply to a cause of action against
94	94	a defendant from whom a plaintiff seeks recovery of exemplary
95	95	damages based on conduct described as a felony in the following
96	96	sections of the Penal Code if, except for Sections 49.07 and 49.08,
97	97	the conduct was committed knowingly or intentionally:
98	98	(1) Section 19.02 (murder);
99	99	(2) Section 19.03 (capital murder);
100	100	(3) Section 20.04 (aggravated kidnapping);
101	101	(4) Section 22.02 (aggravated assault);
102	102	(5) Section 22.011 (sexual assault);
103	103	(6) Section 22.021 (aggravated sexual assault);
104	104	(7) Section 22.04 (injury to a child, elderly
105	105	individual, or disabled individual, but not if the conduct occurred
106	106	while providing health care as defined by Section 74.001 of this
107	107	code);
108	108	(8) Section 32.21 (forgery);
109	109	(9) Section 32.43 (commercial bribery);
110	110	(10) Section 32.45 (misapplication of fiduciary
111	111	property or property of financial institution);
112	112	(11) Section 32.46 (fraudulent securing of document
113	113	execution [of document by deception]);
114	114	(12) Section 32.47 (fraudulent destruction, removal,
115	115	or concealment of writing);
116	116	(13) Chapter 31 (theft) the punishment level for which
117	117	is a felony of the third degree or higher;
118	118	(14) Section 49.07 (intoxication assault);
119	119	(15) Section 49.08 (intoxication manslaughter);
120	120	(16) Section 21.02 (continuous sexual abuse of young
121	121	child or children); or
122	122	(17) Chapter 20A (trafficking of persons).
123	123	SECTION 5. Section 250.006(b), Health and Safety Code, is
124	124	amended to read as follows:
125	125	(b) A person may not be employed in a position the duties of
126	126	which involve direct contact with a consumer in a facility or may
127	127	not be employed by an individual employer before the fifth
128	128	anniversary of the date the person is convicted of:
129	129	(1) an offense under Section 22.01, Penal Code
130	130	(assault), that is punishable as a Class A misdemeanor or as a
131	131	felony;
132	132	(2) an offense under Section 30.02, Penal Code
133	133	(burglary);
134	134	(3) an offense under Chapter 31, Penal Code (theft),
135	135	that is punishable as a felony;
136	136	(4) an offense under Section 32.45, Penal Code
137	137	(misapplication of fiduciary property or property of financial
138	138	institution), that is punishable as a Class A misdemeanor or a
139	139	felony;
140	140	(5) an offense under Section 32.46, Penal Code
141	141	(fraudulent securing of document execution [of document by
142	142	deception]), that is punishable as a Class A misdemeanor or a
143	143	felony;
144	144	(6) an offense under Section 37.12, Penal Code (false
145	145	identification as peace officer; misrepresentation of property);
146	146	or
147	147	(7) an offense under Section 42.01(a)(7), (8), or (9),
148	148	Penal Code (disorderly conduct).
149	149	SECTION 6. The change in law made by this Act applies only
150	150	to an offense committed on or after the effective date of this Act.
151	151	An offense committed before the effective date of this Act is
152	152	governed by the law in effect on the date the offense was committed,
153	153	and the former law is continued in effect for that purpose. For
154	154	purposes of this section, an offense was committed before the
155	155	effective date of this Act if any element of the offense was
156	156	committed before that date.
157	157	SECTION 7. This Act takes effect September 1, 2019.