BILL ANALYSIS H.B. 4996 By: Dyson Trade, Workforce & Economic Development Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that, due to their high-profile positions, public servants are highly susceptible to having fraudulent liens filed against them by citizens who are unsatisfied with a decision made by the public servant. When public servants such as judges, prosecutors, legislators, school officials, and corrections officers are not protected while making decisions, fear of retaliation against those decisions can corrupt the deliberative process. H.B. 4996 seeks to deter this abuse of public servants by increasing the penalty for refusal to execute the release of a fraudulent lien or claim if the owner of the real or personal property subject to the fraudulent lien is a person the actor knows is a public servant. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 4996 amends the Penal Code to increase the penalty for refusal to execute the release of a fraudulent lien or claim from a Class A misdemeanor to a third degree felony if the owner of the real or personal property subject to the fraudulent lien or claim is a person the actor knows is a public servant. The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 4996
By: Dyson
Trade, Workforce & Economic Development
Committee Report (Unamended)
H.B. 4996
By: Dyson
Trade, Workforce & Economic Development
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that, due to their high-profile positions, public servants are highly susceptible to having fraudulent liens filed against them by citizens who are unsatisfied with a decision made by the public servant. When public servants such as judges, prosecutors, legislators, school officials, and corrections officers are not protected while making decisions, fear of retaliation against those decisions can corrupt the deliberative process. H.B. 4996 seeks to deter this abuse of public servants by increasing the penalty for refusal to execute the release of a fraudulent lien or claim if the owner of the real or personal property subject to the fraudulent lien is a person the actor knows is a public servant.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 4996 amends the Penal Code to increase the penalty for refusal to execute the release of a fraudulent lien or claim from a Class A misdemeanor to a third degree felony if the owner of the real or personal property subject to the fraudulent lien or claim is a person the actor knows is a public servant. The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that, due to their high-profile positions, public servants are highly susceptible to having fraudulent liens filed against them by citizens who are unsatisfied with a decision made by the public servant. When public servants such as judges, prosecutors, legislators, school officials, and corrections officers are not protected while making decisions, fear of retaliation against those decisions can corrupt the deliberative process. H.B. 4996 seeks to deter this abuse of public servants by increasing the penalty for refusal to execute the release of a fraudulent lien or claim if the owner of the real or personal property subject to the fraudulent lien is a person the actor knows is a public servant.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 4996 amends the Penal Code to increase the penalty for refusal to execute the release of a fraudulent lien or claim from a Class A misdemeanor to a third degree felony if the owner of the real or personal property subject to the fraudulent lien or claim is a person the actor knows is a public servant. The bill applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.
EFFECTIVE DATE
September 1, 2025.