73R4485 MJW-F
By Bailey H.B. No. 804
Substitute the following for H.B. No. 804:
By Brady C.S.H.B. No. 804
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to recording an abstract of judgment in a county's
1-3 official real property records.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 11, Property Code, is amended by adding
1-6 Section 11.008 to read as follows:
1-7 Sec. 11.008. CREDITOR'S ADDRESS REQUIRED FOR ABSTRACT OF
1-8 JUDGMENT. (a) A judgment abstracted after September 1, 1993, may
1-9 not be recorded unless:
1-10 (1) a mailing address of each plaintiff or judgment
1-11 creditor appears on the abstract of judgment; or
1-12 (2) a penalty filing fee equal to the greater of $25
1-13 or twice the statutory recording fee for the instrument is paid.
1-14 (b) The validity of an abstracted judgment as between the
1-15 parties is not affected by a failure to include an address of each
1-16 plaintiff or judgment creditor in the abstracted judgment.
1-17 (c) Payment of a filing fee and acceptance of the abstract
1-18 of judgment by the county clerk for recording creates a conclusive
1-19 presumption that the requirements of this section have been met.
1-20 SECTION 2. Section 52.003, Property Code, is amended to read
1-21 as follows:
1-22 Sec. 52.003. CONTENTS OF ABSTRACT. (a) An abstract of a
1-23 judgment must show:
2-1 (1) the names of the plaintiff and defendant;
2-2 (2) the birthdate and driver's license number of the
2-3 defendant, if available to the clerk or justice;
2-4 (3) the number of the suit in which the judgment was
2-5 rendered;
2-6 (4) the defendant's address, or if the address is not
2-7 shown in the suit, the nature of citation and the date and place of
2-8 service of citation;
2-9 (5) the date on which the judgment was rendered;
2-10 (6) the amount for which the judgment was rendered and
2-11 the balance due;
2-12 (7) the amount of the balance due, if any, for child
2-13 support arrearage; and
2-14 (8) the rate of interest specified in the judgment.
2-15 (b) An abstract of a judgment may show the address of each
2-16 plaintiff or judgment creditor.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended,
2-22 and that this Act take effect and be in force from and after its
2-23 passage, and it is so enacted.