Texas Property Code 68.053 – Format of Notice
(a) A RICO lien notice must be signed by the attorney general or the attorney general’s designee or by a local prosecutor or the local prosecutor’s designee.
(b) A RICO lien notice must be in the form prescribed by the attorney general and must include:
(1) the name of the person against whom a civil action has been brought under Chapter 140B, Civil Practice and Remedies Code, and at the discretion of the investigative agency may also include any other aliases, names, or fictitious names under which the person may be known and any corporation, partnership, or other entity that is either controlled or entirely owned by the person;
(2) if known to the investigative agency, the current residence and business addresses of the person named in the notice and of the other names included in the notice;
(3) a reference to an applicable civil action, stating:
(A) that an action under Chapter 140B, Civil Practice and Remedies Code, has been brought against the person named in the notice;
(B) the name of each county in which the action has been brought; and
(C) if known to the investigative agency at the time of filing the notice, the cause number of the action;
(4) a statement that the notice is being filed under this chapter; and
(5) the name and address of the investigative agency filing the notice and the name of the individual signing the notice.
Terms Used In Texas Property Code 68.053
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A RICO lien notice must apply only to one person and, to the extent applicable, any other aliases, names, or fictitious names of that person, including the names of corporations, partnerships, or other entities, to the extent permitted by Subsection (b)(1). A separate notice must be filed for each person against whom the investigative agency desires to file a RICO lien notice under this subchapter.