SRC-JBJ H.B. 1174 76(R)BILL ANALYSIS


Senate Research CenterH.B. 1174
By: Junell (Duncan)
Jurisprudence
4/27/1999
Committee Report (Amended)


DIGEST 

Currently, a party who is awarded a favorable judgment in small claims
court or justice court is not allowed to prepare the abstract judgment.
However, a party is allowed to prepare the abstract judgment for any other
state court.  H.B. 1174 would allow a person or the person's agent,
attorney, or assignee to prepare the abstract of judgment for any state
court judgment that is rendered in favor of that person. 

PURPOSE

As proposed, H.B. 1174 authorizes certain persons to prepare an abstract
judgment in an action to establish a lien on real property. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 52.002(a), Property Code, to authorize an
attorney of a person in whose favor a judgment is rendered in a small
claims court or a justice court to prepare an abstract judgment, or on
application of that person or of that person's agent, the judge who
rendered the judgment shall prepare an abstract judgment. 

SECTION 2. Effective date: September 1, 1999.
  Makes application of this Act retroactive.

SECTION 3.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 52.002(a), Property Code, to authorize an attorney, rather
than a person, to prepare an abstract judgment, and to authority a person
or the person's agent to request an abstract judgment.