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.