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Relating to the criminal offense of fraudulent securing of document execution.
No significant fiscal implication to the State is anticipated.
SB 109 would add the standard of effective consent to the criminal offense of fraudulently securing document execution. A person will have only committed the offense if they cause another person to sign or execute any document, or cause a public servant to file or record any purported judgment without the other person’s effective consent. A lack of effective consent would be defined as being induced by deception or coercion or being given by a person who is known to the actor to be unable to make reasonable dispositions due to youth, mental defect, intoxication, or advanced age.
Texas Action is neutral on SB 109 as it does not touch directly upon any of our Liberty Principles. However, the changes proposed by SB 109 do appear to be sound public policy.