By: Brown S.B. No. 792 73R6279 LJD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to recording abstracts of judgment. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter A, Chapter 52, Property Code, is 1-5 amended by adding Section 52.0041 to read as follows: 1-6 Sec. 52.0041. ADDRESS REQUIREMENT FOR RECORDING ABSTRACT. 1-7 (a) A judgment abstracted after September 1, 1993, may not be 1-8 recorded unless: 1-9 (1) a mailing address for each plaintiff or judgment 1-10 creditor appears on the abstract of judgment; or 1-11 (2) a penalty filing fee equal to the greater of $25 1-12 or twice the statutory recording fee for the abstract is paid. 1-13 (b) The validity of an abstracted judgment as between the 1-14 parties is not affected by a failure to include an address for each 1-15 plaintiff or judgment creditor in the abstracted judgment. 1-16 (c) Payment of a filing fee and acceptance of the abstract 1-17 of judgment by a county clerk for recording creates a conclusive 1-18 presumption that the requirements of this section have been met. 1-19 SECTION 2. Section 52.003, Property Code, is amended to read 1-20 as follows: 1-21 Sec. 52.003. Contents of Abstract. (a) An abstract of a 1-22 judgment must show: 1-23 (1) the names of the plaintiff and defendant; 1-24 (2) the birthdate and driver's license number of the 2-1 defendant, if available to the clerk or justice; 2-2 (3) the number of the suit in which the judgment was 2-3 rendered; 2-4 (4) the defendant's address, or if the address is not 2-5 shown in the suit, the nature of citation and the date and place of 2-6 service of citation; 2-7 (5) the date on which the judgment was rendered; 2-8 (6) the amount for which the judgment was rendered and 2-9 the balance due; 2-10 (7) the amount of the balance due, if any, for child 2-11 support arrearage; and 2-12 (8) the rate of interest specified in the judgment. 2-13 (b) An abstract of a judgment may show a mailing address for 2-14 each plaintiff or judgment creditor. 2-15 SECTION 3. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended, 2-20 and that this Act take effect and be in force from and after its 2-21 passage, and it is so enacted.