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Wednesday, March 19, 1997

Bill would make crime out of filing phony liens

By PEGGY FIKAC

Associated Press Writer

AUSTIN (AP) - Filing phony court documents, a problem-causing tactic used by members of the Republic of Texas group, would become a crime under a bill approved by the Texas Senate.

A leader of the Republic movement, which contends Texas was illegally annexed by the United States in 1845, said Tuesday's action doesn't carry much weight with him.

"To date, they (state lawmakers) have never been able to prove they are a lawful body to sit on the soil of Texas to pass a law. That's what we're dealing with here," said Richard McLaren, who describes himself as chief ambassador and consul general of the Republic of Texas.

McLaren said the group is moving forward with establishment of its own court and will likely sue all lawmakers there.

"When we get a judgment against them for unlawful acts, we'll sell their property," he said.

The filing of phony liens in particular can cause problems when property owners attempt to sell their properties or list them as assets.

The Senate bill would make filing such documents a criminal action and make it easier for property owners to clear their records of fraudulent liens.

The House last week passed a similar measure. Each chamber now can consider the other's bill.

Sen. Teel Bivins, author of the measure OK'd Tuesday, said it's not aimed at the Republic of Texas, although it would include the group. He said the bill stemmed from a meeting a year and a half ago with county clerks in his Senate district.

"I heard anecdotal stories of aggrieved ex-husbands and former business partners that have engaged in this type of larceny that have really created problems for people, and it wasn't just peculiar to Texas," said Bivins, R-Amarillo.

"Since that time, this Republic of Texas group has gotten a lot of attention for engaging in these activities, but honestly, the original impetus for this bill came from my meeting with the county clerks," he said.

Bivins' bill would make it a Class A misdemeanor the first two times a person files a false court document or lien, punishable by up to a year in jail and-or a fine of up to $4,000 fine. A third offense would be a third-degree felony, punishable by imprisonment for two to 10 years and an optional fine of up to $10,000.

Gov. George W. Bush has declared the issue an emergency at the request of Attorney General Dan Morales, who has been engaged in a legal skirmish with the Republic of Texas.

A state judge has ordered the Republic group to stop filing fraudulent documents, but group leaders have said they don't recognize the judge's actions.

Morales has said that "hundreds if not thousands" of bogus liens have been filed, clogging the state's property records systems.

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Bivins' phony liens bill is SB424.Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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