Refusal to Execute Release of Fraudulent Lien or Claim: Texas Penal Code §32.49

The Texas Refusal to Execute Release of Fraudulent Lien or Claim law gives police the right to arrest you if they believe you owned or held a fraudulent lien or other claim on property and, after receiving a request to execute a release of the fraudulent lien or claim, refused to release the claim with the intent to harm or defraud someone.

The law contains specific instructions that need to be followed in order for the request to be valid.

The Texas legislature codified this criminal offense in Texas Penal Code Section 32.49. The law was amended in 2025 to increase the penalty if the victim is a public servant. Before this, the statute had not been amended since 1997.

In addition, in 2025 the legislature extended the limitations period for all Chapter 32 felonies, including felony versions of this offense, to seven years for conduct occurring on or after September 1, 2025.

The Penal Code classifies the Texas Refusal to Execute Release of Fraudulent Lien or Claim law under Title 7 “Offenses Against Property,” Chapter 32 “Fraud.” Learn more about the Texas offense of Refusal to Execute Release of Fraudulent Lien or Claim below.

What is the current Texas law about Refusal to Execute Release of Fraudulent Lien or Claim?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining Refusal to Execute Release of Fraudulent Lien or Claim in Penal Code Section §32.49, as follows:^[1]

(a) A person commits an offense if, with intent to defraud or harm another, the person:

(1) owns, holds, or is the beneficiary of a purported lien or claim asserted against real or personal property or an interest in real or personal property that is fraudulent, as described by Section 51.901(c), Government Code; and

(2) not later than the 21st day after the date of receipt of actual or written notice sent by either certified or registered mail, return receipt requested, to the person’s last known address, or by telephonic document transfer to the recipient’s current telecopier number, requesting the execution of a release of the fraudulent lien or claim, refuses to execute the release on the request of:

(A) the obligor or debtor; or

(B) any person who owns any interest in the real or personal property described in the document or instrument that is the basis for the lien or claim.

What is the penalty for a Texas Refusal to Execute Release of Fraudulent Lien or Claim offense?

As of September 1, 2025, a conviction for Refusal to Execute Release of Fraudulent Lien or Claim in Texas is punished as a Class A misdemeanor in most cases, but the offense is elevated to a third-degree felony if the fraudulent lien or claim was against property owned by a public servant and the actor knew the victim was a public servant.^[2]

For conduct occurring before September 1, 2025, the offense is classified only as a Class A misdemeanor, punishable by a maximum fine of $4,000 and up to one year in jail.^[3]

What Changed in 2025?

In 2025, the Texas Legislature amended the Refusal to Execute Release of Fraudulent Lien or Claim law to increase the penalty in certain cases. The amendment created a new third-degree felony level of punishment if the fraudulent lien or claim targeted a public servant, and the actor knew the victim was a public servant.^[4]

This change applies only to conduct occurring on or after September 1, 2025. Offenses committed before that date remain subject to the prior Class A misdemeanor penalty scheme.^[5]

How can I be charged with a Refusal to Execute Release of Fraudulent Lien or Claim offense in Texas?

You can be charged with Refusal to Execute Release of Fraudulent Lien or Claim in Texas if the state’s attorneys believe that each of the elements of §32.49(a) as described in the section above have been met.

What is the statute of limitations for Refusal to Execute Release of Fraudulent Lien or Claim in Texas?

Misdemeanor level Refusal to Execute Release of Fraudulent Lien or Claim charges have a two-year limitations period.^[6] Felony level Refusal to Execute Release of Fraudulent Lien or Claim charges have a seven-year limitations period for offenses occurring on or after September 1, 2025.^[7] For conduct before September 1, 2025, this offense was a misdemeanor, so the limitations period was two years, and the new seven-year period does not revive prosecutions already barred before that date.^[8]

Can you get probation for Refusal to Execute Release of Fraudulent Lien or Claim in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Refusal to Execute Release of Fraudulent Lien or Claim, and judges are also allowed to accept deferred adjudication plea deals.^[9]

What level of crime is Refusal to Execute Release of Fraudulent Lien or Claim in Texas?

As of September 1, 2025, the Refusal to Execute Release of Fraudulent Lien or Claim offense is generally a Class A misdemeanor, but it is a third-degree felony if the fraudulent lien or claim was against property owned by a public servant and the actor knew the victim was a public servant. For conduct before September 1, 2025, it is a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §32.49. This law is current as of 2025.^2. Texas Penal Code §32.49(c), as amended by HB 4996, 89th Legislature (RS), Section 1^3. HB 4996, 89th Legislature (RS), Sections 2–3^4. Texas Penal Code §32.49(c), as amended by HB 4996, 89th Legislature (RS), Section 1^5. HB 4996, 89th Legislature (RS), Sections 2–3^6. Code of Criminal Procedure 12.02(a)^7. Code of Criminal Procedure 12.01(3)(A), as amended by SB 2798, 89th Legislature (RS), Sections 1, 3^8. SB 2798, 89th Legislature (RS), Section 2^9. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102