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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 77(R)

HOUSE BILL 2804

HOUSE AUTHOR: Kolkhorst

EFFECTIVE: 9-1-01

SENATE SPONSOR: Ogden

            House Bill 2804 amends the Property Code to authorize the clerk of a court in which a judgment is rendered, as well as the judge or justice of the peace who rendered it, to prepare, certify, and deliver an abstract of the judgment on the application of the person in whose favor the judgment is rendered or of the person's attorney, agent, or assignee. The bill requires an abstract prepared by a person other than the court clerk, or the judge or justice of the peace who rendered the judgment, to be verified by the person who prepared the abstract. The bill also authorizes satisfaction of a judgment to be shown by recordation of certain information.

            The bill also requires a county clerk to record authenticated abstracts of judgment in the real property records, rather than the judgment records, of the county, and it repeals a section of the Local Government Code that required a county clerk to record certain instruments creating a judgment lien separately from a deed or other conveyance.