1-1 By: Uher, et al. (Senate Sponsor - Harris of Tarrant) H.B. No. 49
1-2 (In the Senate - Received from the House March 30, 1993;
1-3 March 31, 1993, read first time and referred to Committee on
1-4 Jurisprudence; April 20, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; April 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to payment of judgments not claimed by the prevailing
1-18 party.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 31.008, Civil Practice and Remedies Code,
1-21 is amended to read as follows:
1-22 Sec. 31.008. PAYMENT OF UNCLAIMED JUDGMENT. (a) A judgment
1-23 debtor may pay to the court that rendered the judgment the amount
1-24 under the judgment owed to a judgment creditor whose location is
1-25 unknown to the judgment debtor if the judgment debtor complies with
1-26 Subsections <Subsection> (b) and (c). The payment must be made
1-27 without offset or reduction for any claims of the judgment debtor.
1-28 The judgment debtor shall prepare a recordable release of the
1-29 judgment. The judge or clerk of the court shall execute the
1-30 release of the judgment on behalf of the creditor and issue the
1-31 release to the debtor. The release shall recite the cause number,
1-32 the court, the parties, the date of judgment, the amount of
1-33 judgment, the amount paid into the court, and the date of the
1-34 release.
1-35 (b) Before being entitled to pay a judgment to a court under
1-36 Subsection (a), the judgment debtor shall send a letter notifying
1-37 the judgment creditor of the judgment, by registered or certified
1-38 mail, return receipt requested, to:
1-39 (1) the judgment creditor's last known address;
1-40 (2) <and, if different from the creditor's last known
1-41 address, to> the address appearing in the judgment creditor's
1-42 pleadings or other court record, if different from the creditor's
1-43 last known address;
1-44 (3) the address of the judgment creditor's last
1-45 attorney, as shown in the creditor's pleadings or other court
1-46 record; and
1-47 (4) the address of the judgment creditor's last
1-48 attorney, as shown in the records of the State Bar of Texas, if
1-49 that address is different from the address shown in the creditor's
1-50 pleadings or other court record.
1-51 (c) If the judgment creditor does not respond to a <the>
1-52 notice under Subsection (b) on or before the 15th day after the
1-53 date on which the notice was sent, the judgment debtor may file an
1-54 affidavit with the court stating that the judgment debtor has
1-55 provided the required notice, that the judgment creditor has not
1-56 responded to the notice, and that the location of the judgment
1-57 creditor is not known to the judgment debtor.
1-58 (d) <(c)> The court shall hold the amount paid to it by the
1-59 judgment debtor under Subsection (a) and interest earned on that
1-60 amount in trust for the judgment creditor.
1-61 (e) <(d)> The clerk of the court shall deposit the trust
1-62 funds and any interest earned by the funds in the clerk's trust
1-63 fund account. The clerk shall pay the funds and any interest
1-64 earned by the funds to the judgment creditor or to the successors
1-65 to the rights of the judgment creditor. The clerk may presume that
1-66 the funds are payable to the judgment creditor unless the clerk is
1-67 furnished with a written assignment of the judgment.
1-68 (f) <(e)> Funds held in the clerk's trust fund account in
2-1 accordance with this section are subject to escheat under Chapter
2-2 72, Property Code.
2-3 (g) <(f)> In this section:
2-4 (1) "Judgment creditor" means a party in whose favor a
2-5 judgment has been rendered, whether a plaintiff, counterclaimant,
2-6 cross-claimant, third party plaintiff, or other judgment creditor.
2-7 (2) "Judgment debtor" means a party against whom a
2-8 judgment is rendered.
2-9 SECTION 2. This Act applies to payment of unclaimed
2-10 judgments rendered before, on, or after September 1, 1991, for
2-11 which notice is given under Section 31.008(b), Civil Practice and
2-12 Remedies Code, on or after the effective date of this Act. Payment
2-13 of unclaimed judgments for which notice is given under Section
2-14 31.008, Civil Practice and Remedies Code, before the effective date
2-15 of this Act is governed by the law as it existed immediately before
2-16 the effective date of this Act, and that law is continued in effect
2-17 for that purpose.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
2-25 * * * * *
2-26 Austin,
2-27 Texas
2-28 April 20, 1993
2-29 Hon. Bob Bullock
2-30 President of the Senate
2-31 Sir:
2-32 We, your Committee on Jurisprudence to which was referred H.B.
2-33 No. 49, have had the same under consideration, and I am instructed
2-34 to report it back to the Senate with the recommendation that it do
2-35 pass and be printed.
2-36 Henderson,
2-37 Chairman
2-38 * * * * *
2-39 WITNESSES
2-40 FOR AGAINST ON
2-41 ___________________________________________________________________
2-42 Name: Randy M. Lee x
2-43 Representing: Stewart Title Guaranty
2-44 City: Austin
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