HBA-NRS H.B. 2804 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2804 By: Kolkhorst Business & Industry 7/10/2001 Enrolled BACKGROUND AND PURPOSE Abstracts of judgments assist in the collection of judgments by creating an involuntary lien against the non exempt real property of a judgment debtor. Since an abstract is used to create an involuntary lien, it is important to verify the information contained in the abstract o ensure its accuracy. House Bill 2804 requires a court or court clerk, upon request, to prepare and certify a abstract of a 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. ANALYSIS House Bill 2804 amends the Property Code to no longer authorize an abstract of a judgment of a court to be recorded. On application, the bill requires the judge or justice of the peace who rendered the judgment or the clerk of the court in which the judgment is rendered to prepare, certify, and deliver to an applicant an abstract of the judgment. The bill provides that the applicant must pay a fee authorized by law for providing the abstract. The bill requires the judge or justice of the peace who rendered the judgment or the clerk of the court in which the judgment is rendered to prepare, certify, and deliver to an applicant an abstract of the judgment. The bill provides that the applicant must pay a fee authorized by law for providing the abstract. The bill requires the county clerk to immediately record in the county real property records each properly authenticated abstract of judgment that is presented for recording. The bill allows the satisfaction of a judgment to be shown by the recordation of the actions currently needed to show satisfaction of a judgment. The bill amends the Local Government Code by repealing the provision that requires a county clerk to record lien instruments in a separate record. EFFECTIVE DATE September 1, 2001.