TexasSB 222189th Legislature Regular SessionSenateWALLET

Relating to the filing of a fraudulent financing statement in relation to certain secured transactions; authorizing the imposition of a fee.

Sponsored By: Stan Lambert, Tan Parker (Republican)

Signed by Governor

Business & Commerce--GeneralCivil Remedies & LiabilitiesCourts--DistrictFees & Other Nontax Revenue--StateFinancial--GeneralFRAUDSECRETARY OF STATE

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Higher damages for fraudulent filing victims

Beginning September 1, 2025, Texas raises the minimum damages for fraudulent financing statements from $5,000 to $10,000. The filer must knowingly or intentionally submit a statement they know is forged, materially false, or groundless. Anyone injured can recover $10,000 or actual damages, whichever is greater, plus court costs and reasonable attorney’s fees. This expands recovery beyond the property owner to anyone injured. Property owners can also seek court-ordered release; service by newspaper publication is available for untraceable or fictitious filers. Violators also face possible criminal prosecution.

Debtors get removal process with fees

Beginning September 1, 2025, named debtors can file a sworn statement to end an unauthorized or fraudulent financing statement. They must send each listed secured party the required notice and filing copy by certified mail, return receipt requested. Notice must be sent 5 to 30 days before filing the sworn statement, with proof submitted to the filing office. The office must reject incomplete submissions; after acceptance, it promptly files a termination effective on day 30 after filing. A secured party can request an expedited court decision within 90 days after the termination is filed. Debtors must pay an administrative cost-recovery fee; the law sets no dollar amount. The original financing statement’s filing fee is not refundable, even if that statement is reinstated.

Lender protections limit debtors’ filing challenges

Beginning September 1, 2025, the sworn-statement removal process cannot end filings made by or for regulated lenders. These include banks, credit unions, and other qualifying lenders regulated when the financing statement was filed. A lender’s notice of qualifying status within 90 days after termination filing immediately cancels the termination and restores the filing. Courts can also suspend or reverse improper terminations; restored filings retain their priority except against purchasers who relied on termination. If a restored filing would have expired during termination, the secured party has 30 days after restoration to continue it. That continuation counts as timely under the normal six-month window before the applicable five-year or 30-year term expires.

Sponsors & Cosponsors

Sponsors

  • Stan Lambert

    House

  • Tan Parker

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 423 • No: 30

Senate vote • 5/30/2025

Record vote

Yes: 31 • No: 0

House vote • 5/28/2025

Record vote

Yes: 130 • No: 5

House vote • 5/27/2025

Record vote

Yes: 113 • No: 25

House vote • 5/27/2025

Record vote

Yes: 129 • No: 0

Senate vote • 5/8/2025

Record vote

Yes: 0 • No: 0

Senate vote • 5/8/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Trade, Workforce & Economic Development

Yes: 9 • No: 0

Senate vote • Unknown

Committee vote: Business & Commerce

Yes: 11 • No: 0

Actions Timeline

  1. Effective on 9/1/25

    6/20/2025House
  2. Signed by the Governor

    6/20/2025House
  3. Sent to the Governor

    6/2/2025House
  4. Signed in the House

    6/2/2025House
  5. Signed in the Senate

    6/1/2025Senate
  6. Reported enrolled

    5/31/2025Senate
  7. Senate concurs in House amendment(s)-reported

    5/31/2025House
  8. Record vote

    5/30/2025Senate
  9. Senate concurs in House amendment(s)

    5/30/2025Senate
  10. Read

    5/30/2025Senate
  11. House amendment(s) laid before the Senate

    5/30/2025Senate
  12. House passage as amended reported

    5/28/2025Senate
  13. Statement(s) of vote recorded in Journal

    5/28/2025House
  14. Record vote (RV#3939)

    5/28/2025House
  15. Passed

    5/28/2025House
  16. Laid out as postponed business

    5/28/2025House
  17. Statement(s) of vote recorded in Journal

    5/27/2025House
  18. Record vote (RV#3681)

    5/27/2025House
  19. Postponed (5/28/25 10:00 AM)

    5/27/2025House
  20. Read 3rd time

    5/27/2025House
  21. Passed to 3rd reading as amended

    5/27/2025House
  22. Record vote (RV#3639)

    5/27/2025House
  23. Amended (1-Lambert)

    5/27/2025House
  24. Read 2nd time

    5/27/2025House
  25. Placed on General State Calendar

    5/24/2025House

Bill Text

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