§ 12.001.Definitions
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 · Last amended 2007 · Last verified August 29, 2026
Full Text of § 12.001
Plain-English Summary
Eight definitions, and several are borrowed rather than written.
"Court record" has the meaning assigned by Section 37.01 of the Penal Code, the tampering with governmental record provision — so the civil chapter and the criminal offense describe the same documents.
"Lien" means a claim in property for the payment of a debt and includes a security interest.
Including a security interest matters. Without it the chapter would reach a filed lien against land but not a fraudulent financing statement filed against personal property, which is a common form of the abuse.
"Public servant" takes its Penal Code meaning and expressly includes officers and employees of the United States.
That extension is the tell about what this chapter was written for. Bogus liens filed against judges, prosecutors and federal officials as retaliation are the conduct the chapter grew up around, and the definition reaches federal targets as well as state ones.
"Inmate" means a person housed in a secure correctional facility, and "secure correctional facility" takes its Penal Code meaning.
Those two support the inmate filing restriction the liability section adds, which requires a filing by or for an inmate to say so.
"Filing office" and "financing statement" come from the Business & Commerce Code, connecting the chapter to the secured transactions filing system where fraudulent financing statements are lodged.
"Exemplary damages" takes its meaning from the damages chapter, which matters because this chapter awards them.
Frequently Asked Questions
What is a "lien" under this chapter?
A claim in property for the payment of a debt, including a security interest — so fraudulent financing statements are covered as well as liens on land.
Does it protect federal officials?
Yes. "Public servant" expressly includes officers and employees of the United States.
Why are inmates defined?
The liability section restricts filings made by or on behalf of an inmate unless the document says so.
Amendment History
- Added by Acts 1997, 75th Leg., ch. 189, Sec. 16, eff. May 21, 1997.
- Renumbered from Civil Practice & Remedies Code Sec. 11.001 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. 1, eff. September 1, 2007.