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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