reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 12.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property|Section 12.002. Liability

Sec. 12.002.  LIABILITY.  (a)  A person may not make, present, or use a document or other record with:(1)  knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property;(2)  intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the constitution or laws of this state or the United States or another entity listed in Section 37.01, Penal Code, evidencing a valid lien or claim against real or personal property or an interest in real or personal property;  and(3)  intent to cause another person to suffer:(A)  physical injury;(B)  financial injury;  or(C)  mental anguish or emotional distress.(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.(c)  A person claiming a lien under Chapter 53, Property Code, is not liable under this section for the making, presentation, or use of a document or other record in connection with the assertion of the claim unless the person acts with intent to defraud.|Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.002 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 895 (H.B. 2566), Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 1260 (H.B. 669), Sec. 1, eff. September 1, 2009.|
TX Civ Prac & Rem Code § 12.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property|Section 12.003. Cause of Action

Sec. 12.003.  CAUSE OF ACTION.  (a)  The following persons may bring an action to enjoin violation of this chapter or to recover damages under this chapter:(1)  the attorney general;(2)  a district attorney;(3)  a criminal district attorney;(4)  a county attorney with felony responsibilities;(5)  a county attorney;(6)  a municipal attorney;(7)  in the case of a fraudulent judgment lien, the person against whom the judgment is rendered;  and(8)  in the case of a fraudulent lien or claim against real or personal property or an interest in real or personal property, the obligor or debtor, or a person who owns an interest in the real or personal property.(b)  Notwithstanding any other law, a person or a person licensed or regulated by Title 11, Insurance Code (the Texas Title Insurance Act), does not have a duty to disclose a fraudulent, as described by Section 51.901(c), Government Code, court record, document, or instrument purporting to create a lien or purporting to assert a claim on real property or an interest in real property in connection with a sale, conveyance, mortgage, or other transfer of the real property or interest in real property.(c)  Notwithstanding any other law, a purported judgment lien or document establishing or purporting to establish a judgment lien against property in this state, that is issued or purportedly issued by a court or a purported court other than a court established under the laws of this state or the United States, is void and has no effect in the determination of any title or right to the property.|Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.003 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.104, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 12.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property|Section 12.004. Venue

Sec. 12.004.  VENUE.  An action under this chapter may be brought in any district court in the county in which the recorded document is recorded or in which the real property is located.|Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.004 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.|
TX Civ Prac & Rem Code § 12.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property|Section 12.005. Filing Fees

Sec. 12.005.  FILING FEES.  (a)  The fee for filing an action under this chapter is the fee that generally applies to the filing of a civil case.(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(a)(1), eff. January 1, 2022.(c)  A plaintiff who is unable to pay the filing fee and fee for service of notice may file with the court an affidavit of inability to pay under the Texas Rules of Civil Procedure.(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(a)(1), eff. January 1, 2022.|Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.005 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.01, eff. January 1, 2022.Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(a)(1), eff. January 1, 2022.|
TX Civ Prac & Rem Code § 12.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property|Section 12.006. Plaintiff's Costs

Sec. 12.006.  PLAINTIFF'S COSTS.  (a)  The court shall award the plaintiff the costs of bringing the action if:(1)  the plaintiff prevails;  and(2)  the court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent, as described by Section 51.901(c), Government Code.(b)  For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.|Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.006 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.|
TX Civ Prac & Rem Code § 12.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 12 - Liability Related to a Fraudulent Court Record or a Fraudulent Lien or Claim Filed Against Real or Personal Property|Section 12.007. Effect on Other Law

Sec. 12.007.  EFFECT ON OTHER LAW.  This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.|Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.  Renumbered from Civil Practice & Remedies Code Sec. 11.007 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(3), eff. Sept. 1, 1999.|
TX Civ Prac & Rem Code § 13.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 13 - Affidavit of Inability to Pay Costs|Section 13.001. Dismissal of Action

Sec. 13.001.  DISMISSAL OF ACTION.  (a)  A court in which an affidavit of inability to pay under Rule 145, Texas Rules of Civil Procedure, has been filed may dismiss the action on a finding that:(1)  the allegation of poverty in the affidavit is false;  or(2)  the action is frivolous or malicious.(b)  In determining whether an action is frivolous or malicious, the court may consider whether:(1)  the action's realistic chance of ultimate success is slight;(2)  the claim has no arguable basis in law or in fact;  or(3)  it is clear that the party cannot prove a set of facts in support of the claim.(c)  An action may be dismissed under Subsection (a) as frivolous or malicious either before or after service of process.|Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.|
TX Civ Prac & Rem Code § 13.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 13 - Affidavit of Inability to Pay Costs|Section 13.002. Judgment

Sec. 13.002.  JUDGMENT.  Judgment may be rendered for costs at the conclusion of the action as in other cases, but the state is not liable for any of those costs.|Added by Acts 1987, 70th Leg., ch. 976, Sec. 1, eff. June 19, 1987.|
TX Civ Prac & Rem Code § 13.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 13 - Affidavit of Inability to Pay Costs|Section 13.003. Free Transcript of Statement of Facts on Appeal

Sec. 13.003.  FREE TRANSCRIPT OF STATEMENT OF FACTS ON APPEAL.  (a)  Subject to Subsection (c), a court reporter shall provide without cost a statement of facts and a clerk of a court shall prepare a transcript for appealing a judgment from the court only if:(1)  an affidavit of inability to pay the cost of the appeal has been filed under the Texas Rules of Appellate Procedure;  and(2)  the trial judge finds:(A)  the appeal is not frivolous;  and(B)  the statement of facts and the clerk's transcript is needed to decide the issue presented by the appeal.(b)  In determining whether an appeal is frivolous, a judge may consider whether the appellant has presented a substantial question for appellate review.(c)  The trial judge may order a clerk of a court to prepare a transcript, or any part of the transcript, necessary for making the determination required by Subsection (a)(2).|Added by Acts 1993, 73rd Leg., ch. 861, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 467, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 13.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 13 - Affidavit of Inability to Pay Costs|Section 13.004. Inapplicability to Certain Claims

Sec. 13.004.  INAPPLICABILITY TO CERTAIN CLAIMS.  This chapter does not apply to a claim governed by Chapter 14.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 3, eff. June 8, 1995.|
TX Civ Prac & Rem Code § 14.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.001. Definitions

Sec. 14.001.  DEFINITIONS.  In this chapter:(1)  "Claim" means a cause of action governed by this chapter.(2)  "Department" means the Texas Department of Criminal Justice.(3)  "Inmate" means a person housed in a secure correctional facility.(4)  "Secure correctional facility" has the meaning assigned by Section 1.07, Penal Code.(5)  "Trust account" means an inmate's trust account administered by the department under Section 501.014, Government Code, by a facility under contract with the department, or by a jail.(6)  "Unsworn declaration" means a document executed in accordance with Chapter 132.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.|
TX Civ Prac & Rem Code § 14.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.002. Scope of Chapter

Sec. 14.002.  SCOPE OF CHAPTER.  (a)  This chapter applies only to an action, including an appeal or original proceeding, brought by an inmate in a district, county, justice of the peace, or small claims court or an appellate court, including the supreme court or the court of criminal appeals, in which an affidavit or unsworn declaration of inability to pay costs is filed by the inmate.(b)  This chapter does not apply to an action brought under the Family Code.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 12.01, eff. January 1, 2012.|
TX Civ Prac & Rem Code § 14.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.003. Dismissal of Claim

Sec. 14.003.  DISMISSAL OF CLAIM.  (a)  A court may dismiss a claim, either before or after service of process, if the court finds that:(1)  the allegation of poverty in the affidavit or unsworn declaration is false;(2)  the claim is frivolous or malicious;  or(3)  the inmate filed an affidavit or unsworn declaration required by this chapter that the inmate knew was false.(b)  In determining whether a claim is frivolous or malicious, the court may consider whether:(1)  the claim's realistic chance of ultimate success is slight;(2)  the claim has no arguable basis in law or in fact;(3)  it is clear that the party cannot prove facts in support of the claim;  or(4)  the claim is substantially similar to a previous claim filed by the inmate because the claim arises from the same operative facts.(c)  In determining whether Subsection (a) applies, the court may hold a hearing.  The hearing may be held before or after service of process, and it may be held on motion of the court, a party, or the clerk of the court.(d)  On the filing of a motion under Subsection (c), the court shall suspend discovery relating to the claim pending the hearing.(e)  A court that dismisses a claim brought by a person housed in a facility operated by or under contract with the department may notify the department of the dismissal and, on the court's own motion or the motion of any party or the clerk of the court, may advise the department that a mental health evaluation of the inmate may be appropriate.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.|
TX Civ Prac & Rem Code § 14.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.004. Affidavit Relating to Previous Filings

Sec. 14.004.  AFFIDAVIT RELATING TO PREVIOUS FILINGS.  (a)  An inmate who files an affidavit or unsworn declaration of inability to pay costs shall file a separate affidavit or declaration:(1)  identifying each action, other than an action under the Family Code, previously brought by the person and in which the person was not represented by an attorney, without regard to whether the person was an inmate at the time the action was brought; and(2)  describing each action that was previously brought by:(A)  stating the operative facts for which relief was sought;(B)  listing the case name, cause number, and the court in which the action was brought;(C)  identifying each party named in the action; and(D)  stating the result of the action, including whether the action or a claim that was a basis for the action was dismissed as frivolous or malicious under Section 13.001 or Section 14.003 or otherwise.(b)  If the affidavit or unsworn declaration filed under this section states that a previous action or claim was dismissed as frivolous or malicious, the affidavit or unsworn declaration must state the date of the final order affirming the dismissal.(c)  The affidavit or unsworn declaration must be accompanied by the certified copy of the trust account statement required by Section 14.006(f).|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 12.02, eff. January 1, 2012.|
TX Civ Prac & Rem Code § 14.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.005. Grievance System Decision; Exhaustion of Administrative Remedies

Sec. 14.005.  GRIEVANCE SYSTEM DECISION;  EXHAUSTION OF ADMINISTRATIVE REMEDIES.  (a)  An inmate who files a claim that is subject to the grievance system established under Section 501.008, Government Code, shall file with the court:(1)  an affidavit or unsworn declaration stating the date that the grievance was filed and the date the written decision described by Section 501.008(d), Government Code, was received by the inmate;  and(2)  a copy of the written decision from the grievance system.(b)  A court shall dismiss a claim if the inmate fails to file the claim before the 31st day after the date the inmate receives the written decision from the grievance system.(c)  If a claim is filed before the grievance system procedure is complete, the court shall stay the proceeding with respect to the claim for a period not to exceed 180 days to permit completion of the grievance system procedure.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.|
TX Civ Prac & Rem Code § 14.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.006. Court Fees, Court Costs, Other Costs

Sec. 14.006.  COURT FEES, COURT COSTS, OTHER COSTS.  (a)  A court may order an inmate who has filed a claim to pay court fees, court costs, and other costs in accordance with this section and Section 14.007.  The clerk of the court shall mail a copy of the court's order and a certified bill of costs to the department or jail, as appropriate.(b)  On the court's order, the inmate shall pay an amount equal to the lesser of:(1)  20 percent of the preceding six months' deposits to the inmate's trust account;  or(2)  the total amount of court fees and costs.(c)  In each month following the month in which payment is made under Subsection (b), the inmate shall pay an amount equal to the lesser of:(1)  10 percent of that month's deposits to the trust account;  or(2)  the total amount of court fees and costs that remain unpaid.(d)  Payments under Subsection (c) shall continue until the total amount of court fees and costs are paid or until the inmate is released from confinement.(e)  On receipt of a copy of an order issued under Subsection (a), the department or jail shall withdraw money from the trust account in accordance with Subsections (b), (c), and (d).  The department or jail shall hold the money in a separate account and shall forward the money to the court clerk on the earlier of the following dates:(1)  the date the total amount to be forwarded equals the total amount of court fees and costs that remains unpaid;  or(2)  the date the inmate is released.(f)  The inmate shall file a certified copy of the inmate's trust account statement with the court.  The statement must reflect the balance of the account at the time the claim is filed and activity in the account during the six months preceding the date on which the claim is filed.  The court may request the department or jail to furnish the information required under this subsection.(g)  An inmate may authorize payment in addition to that required by this section.(h)  The court may dismiss a claim if the inmate fails to pay fees and costs assessed under this section.(i)  An inmate may not avoid the fees and costs assessed under this section by nonsuiting a party or by voluntarily dismissing the action.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.|
TX Civ Prac & Rem Code § 14.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.007. Other Costs

Sec. 14.007.  OTHER COSTS.  (a)  An order of a court under Section 14.006(a) shall include the costs described by Subsection (b) if the court finds that:(1)  the inmate has previously filed an action to which this chapter applies; and(2)  a final order has been issued that affirms that the action was dismissed as frivolous or malicious under Section 13.001 or Section 14.003 or otherwise.(b)  Costs under Subsection (a) shall include, as costs of court, expenses incurred by the court or by the department, jail, or private facility operator, in connection with the claim and not otherwise charged to the inmate under Section 14.006, including:(1)  expenses of service of process;(2)  postage;  and(3)  transportation, housing, or medical care incurred in connection with the appearance of the inmate in the court for any proceeding.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 3 (H.B. 79), Sec. 12.03, eff. January 1, 2012.|
TX Civ Prac & Rem Code § 14.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.008. Hearing

Sec. 14.008.  HEARING.  (a)  The court may hold a hearing under this chapter at a jail or a facility operated by or under contract with the department or may conduct the hearing with video communications technology that permits the court to see and hear the inmate and that permits the inmate to see and hear the court and any other witness.(b)  A hearing conducted under this section by video communications technology shall be recorded on videotape.  The recording is sufficient to serve as a permanent record of the hearing.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.|
TX Civ Prac & Rem Code § 14.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle A - General Provisions|Chapter 14 - Inmate Litigation|Section 14.009. Submission of Evidence

Sec. 14.009.  SUBMISSION OF EVIDENCE.  (a)  The court may request a person with an admissible document or admissible testimony relevant to the subject matter of the hearing to submit a copy of the document or written statement stating the substance of the testimony.(b)  A written statement submitted under this section must be made under oath or made as an unsworn declaration under Section 132.001.(c)  A copy of a document submitted under this section must be accompanied by a certification executed under oath by an appropriate custodian of the record stating that the copy is correct and any other matter relating to the admissibility of the document that the court requires.(d)  A person submitting a written statement or document under this section is not required to appear at the hearing.(e)  The court shall require that the inmate be provided with a copy of each written statement or document not later than 14 days before the date on which the hearing is to begin.|Added by Acts 1995, 74th Leg., ch. 378, Sec. 2, eff. June 8, 1995.|