HBA-ATS, ALS H.B. 1174 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1174
By: Junell
Business & Industry
6/1/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, a party who was awarded a favorable judgment
in small claims court or justice court was not allowed to prepare the
abstract of judgment.  However, a party was allowed to prepare the abstract
of judgment for any other state court.  H.B. 1174 authorizes the attorney
of a person to prepare an abstract of judgment if that person is rendered a
favorable judgment in a small claims court or justice court, or requires
the small claims court judge or the justice of the peace, on application of
the person in whose favor a judgment is rendered or of that person's agent,
attorney, or assignee, to prepare and deliver to the applicant an abstract
of the judgment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 52.002(a), Property Code, to authorize an
attorney of a person to prepare an abstract of judgment if that person is
rendered a favorable judgment in a small claims court or justice court, or
to require the small claims court judge or the justice of the peace, on
application of the person in whose favor a judgment is rendered or of that
person's agent, attorney, or assignee, to prepare and deliver to the
applicant an abstract of the judgment. 

SECTION 2.Effective date: September 1, 1999.
  Provides that this Act applies to an action filed before, on, or after
September 1, 1999. 

SECTION 3.Emergency clause.