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.