Texas statute
Tex. Penal Code § 32.49 — Refusal to execute release of fraudulent lien or claim
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 32: FRAUD, Texas Penal Code.
Full text of Tex. Penal Code § 32.49
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(a) A person commits an offense if, with intent to defraud or harm another, the person: (1) owns, holds, or is the beneficiary of a purported lien or claim asserted against real or personal property or an interest in real or personal property that is fraudulent, as described by Section 51.901 (c), Government Code; and (2) not later than the 21st day after the date of receipt of actual or written notice sent by either certified or registered mail, return receipt requested, to the person's last known address, or by telephonic document transfer to the recipient's current telecopier number, requesting the execution of a release of the fraudulent lien or claim, refuses to execute the release on the request of: (A) the obligor or debtor; or (B) any person who owns any interest in the real or personal property described in the document or instrument that is the basis for the lien or claim. (b) A person who fails to execute a release of the purported lien or claim within the period prescribed by Subsection (a)(2) is presumed to have had the intent to harm or defraud another. (c) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree 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.
Official sources
This reference is informational and is not legal advice.