Texas Government Code

§ 51.901 — FRAUDULENT DOCUMENT OR INSTRUMENT

GV § 51.901Title 2. JUDICIAL BRANCH · Part D. JUDICIAL PERSONNEL AND OFFICIALS · Ch. 51. CLERKS · Art. J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS

Statute text

View on source

(a)If a clerk of the supreme court, clerk of the court of criminal appeals, clerk of a court of appeals, district clerk, county clerk, district and county clerk, or municipal clerk has a reasonable basis to believe in good faith that a document or instrument previously filed or recorded or offered or submitted for filing or for filing and recording is fraudulent, the clerk shall:

(1)if the document is a purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of a purported court, provide written notice of the filing, recording, or submission for filing or for filing and recording to the stated or last known address of the person against whom the purported judgment, act, order, directive, or process is rendered; or

(2)if the document or instrument purports to create a lien against or assert a claim to or an interest in real or personal property, provide written notice of the filing, recording, or submission for filing or for filing and recording to the stated or last known address of:

(A)the person named in the document or instrument as the grantor, obligor, or debtor, and to any person named as the grantee or as owning or acquiring any interest in the real or personal property described in the document or instrument; and

(B)as applicable, the last known owner of the property if that owner's address is different from the address of the grantor, obligor, or debtor named in the document or instrument.

(b)A clerk shall provide written notice under Subsection (a):

…

Legislative history

Acts 2005, 79th Leg., Ch. 407 (S.B. 1589), Sec. 1, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 895 (H.B. 2566), Sec. 3, eff. September 1, 2007. Acts 2025, 89th Leg., R.S., Ch. 321 (S.B. 1734), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 773 (S.B. 647), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., 2nd C.S., Ch. 16 (S.B. 16), Sec. 4, eff. January 1, 2026.