1-1 By: Junell (Senate Sponsor - Duncan) H.B. No. 1174
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on
1-4 Jurisprudence; April 28, 1999, reported favorably, as amended, by
1-5 the following vote: Yeas 3, Nays 0; April 28, 1999, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Harris
1-8 1. Amend H.B. 1174 by striking SECTION 1 and replacing it with the
1-9 following:
1-10 SECTION 1. Section 52.002(a), Property Code, is amended to
1-11 read as follows:
1-12 (a) The attorney [On application] of a person in whose favor
1-13 a judgment is rendered in a small claims court or a justice court
1-14 may prepare an abstract of judgment or on application of that
1-15 person or of that person's agent, attorney, or assignee, the judge
1-16 or justice of the peace who rendered the judgment shall prepare and
1-17 deliver to the applicant an abstract of the judgment.
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to preparation of an abstract of judgment in an action to
1-21 establish a lien on real property.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 52.002(b), Property Code, is amended to
1-24 read as follows:
1-25 (b) A person in whose favor a judgment is rendered in a
1-26 [court other than a] small claims court, [or] a justice court, or
1-27 another court or the person's agent, attorney, or assignee may
1-28 prepare the abstract of judgment. The abstract of judgment must be
1-29 verified by the person preparing the abstract.
1-30 SECTION 2. This Act takes effect September 1, 1999, and
1-31 applies to an action filed before, on, or after that date.
1-32 SECTION 3. The importance of this legislation and the
1-33 crowded condition of the calendars in both houses create an
1-34 emergency and an imperative public necessity that the
1-35 constitutional rule requiring bills to be read on three several
1-36 days in each house be suspended, and this rule is hereby suspended.
1-37 * * * * *