Third-degree felony for public servants. Everyone else stays Class A misdemeanor.
The bill raises the penalty for refusing to release a fraudulent lien or claim when the property owner is someone the actor knows is a public servant. That case becomes a third-degree felony, while every other case stays a Class A misdemeanor. It touches people who file fake liens against government officials and employees, and it applies only to conduct on or after September 1, 2025.
relating to increasing the criminal penalty for the offense of
refusal to execute the release of a fraudulent lien or claim.
WHAT IT DOES
Third-degree felony for public servants. Everyone else stays Class A misdemeanor.
The bill raises the penalty for refusing to release a fraudulent lien or claim when the property owner is someone the actor knows is a public servant. That case becomes a third-degree felony, while every other case stays a Class A misdemeanor. It touches people who file fake liens against government officials and employees, and it applies only to conduct on or after September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No significant fiscal implication to the State is anticipated.
Names were not printed for yea. Only the named positions are included in member records.
Sources
Senator Flores moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HB 4996 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 30, Nays 1.
Published stock of positions for this vote, except where marked derived.
Yea: 30 (published)
Nay: 1 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
Names were not printed for yea. Only the named positions are included in member records.
Voice vote. No numeric tally or individual yeas are inferred.
Sources
Senator Flores moved to suspend the regular order of business to take up for consideration HB 4996 at this time on its second reading: HB 4996, Relating to increasing the criminal penalty for the offense of refusal to execute the release of a fraudulent lien or claim. The motion prevailed. Senator Hagenbuch asked to be recorded as voting "Nay" on suspension of the regular order of business. The bill was read second time and was passed to third reading by a viva voce vote.
Published stock of positions for this vote, except where marked derived.
Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed
Senate journal. Source snapshot 2026-10-19, Central time.
The following bills which were considered on second reading on the previous legislative day on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following the bill number). (Record 1573): 148 Yeas, 0 Nays, 2 Present, not voting.
Published stock of positions for this vote, except where marked derived.
Yea: 144 (published)
Nay: 4 (published)
Present, not voting: 2 (published)
Absent: 0 (derived from named list)
Excused: 0 (derived from named list)
House journal. Source snapshot 2026-10-19, Central time.
Witnesses18
For
13
Against
1
On
4
Names
For
Combined Law Enforcement Associations of Texas (CLEAT)2 registrations
Dalkas Criminal District Attorney John Creuzot1 registration
Harris County Deputies' Organization FOP #391 registration
Office of Harris County District Attorney Sean Teare1 registration
San Antonio Police Officers Association1 registration
House committee · Trade, Workforce & Economic Development · Committee vote 9 aye, 0 nay, 2 absent · Out of committee
Senate committee · Criminal Justice · Committee vote 6 aye, 0 nay, 1 absent · Out of committee
Subjects
Crimes--Against Property
Property Interests--Mortgages & Liens
Property Interests--Real Property
FRAUD
Text
The text as introduced · 203 words
89R13867 EAS-D
By: Dyson
H.B. No. 4996
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for the offense of
refusal to execute the release of a fraudulent lien or claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.49(c), Penal Code, is amended to read
as follows:
(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 .
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.
Monitoring 
