🟡Relating to increasing the criminal penalty for the offense of refusal to execute the release of a fraudulent lien or claim.
HB 4996
🟡 HB 4996: Harsher Penalties for Fake Liens Targeting Public Servants
What it says it does:
HB 4996 increases penalties for people who file a fraudulent lien on someone’s property and refuse to release it after it is proven false. It turns that crime into a third-degree felony when the property belongs to a public servant.
What it actually changes:
The law now treats identical crimes differently depending on who is targeted. Public servants get felony-level protection. Ordinary Texans still receive only misdemeanor-level protection for the same act.
Who is pushing for it:
Law enforcement and prosecutorial groups strongly backed the bill, including the Texas Municipal Police Association, Sheriffs Association of Texas, Houston Police Officers’ Union, San Antonio Police Officers Association, CLEAT, and the Harris County District Attorney’s office.
Who benefits:
Public servants such as judges, prosecutors, school officials, and corrections officers gain stronger deterrent protection against harassment or retaliation through fraudulent liens.
Who gets left out or exposed:
Homeowners, retirees, and small business owners targeted by the same type of fraudulent lien remain under weaker misdemeanor protections. This creates a gap in equal protection.
Why this matters long term:
By giving felony protection only to public servants, the law builds a two-tier justice system that could deepen mistrust between citizens and state institutions. It also sets a precedent for granting stronger legal privileges to government insiders.
What to watch next:
Whether lawmakers expand similar felony protection to cover all Texans targeted by fraudulent liens, or whether this remains a protection limited to officials and law enforcement.
Bottom line:
HB 4996 tackles a real problem but leaves everyday Texans behind. Fraud should be punished equally, no matter who the victim is.