By Jones of Bexar                                     H.B. No. 2557
         77R8952 DAK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the payment of certain judgments.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 31.008, Civil Practice and Remedies Code,
 1-5     is amended by amending Subsections (a) and (g) and adding
 1-6     Subsection (h) to read as follows:
 1-7           (a)  A judgment debtor who complies with Subsections (b) and
 1-8     (c) may pay to the court that rendered the judgment the amount
 1-9     under the judgment owed to a judgment creditor whose location is
1-10     unknown to the judgment debtor or who refuses to accept payment of
1-11     the amount under the judgment [if the judgment debtor complies with
1-12     Subsections (b) and (c)]. The payment must be made without offset
1-13     or reduction for any claims of the judgment debtor. The judgment
1-14     debtor shall prepare a recordable release of the judgment except
1-15     that if the judgment creditor refuses to accept payment, the clerk
1-16     of the court shall issue a recordable release of judgment.  The
1-17     judge or clerk of the court shall execute a [the] release of the
1-18     judgment under this subsection on behalf of the creditor and issue
1-19     the release to the debtor.  The release shall recite the cause
1-20     number, the court, the parties, the date of judgment, the amount of
1-21     judgment, the amount paid into the court, and the date of the
1-22     release.
1-23           (g)  If a judgment creditor refuses to accept payment of the
1-24     amount under the judgment or accepts payment under the judgment and
 2-1     refuses to execute a release of judgment, the court may set the
 2-2     matter for hearing on a party's motion or on the court's own motion
 2-3     to determine whether or not a release should be issued.  On notice
 2-4     and hearing the court may direct the clerk of the court to issue a
 2-5     release of judgment if the court finds that:
 2-6                 (1)  the amount under the judgment has been paid into
 2-7     the court; or
 2-8                 (2)  the judgment creditor has accepted payment under
 2-9     the judgment and refuses to execute a release of judgment.
2-10           (h)  In this section:
2-11                 (1)  "Judgment creditor" means a party in whose favor a
2-12     judgment has been rendered, whether a plaintiff, counterclaimant,
2-13     cross-claimant, third party plaintiff, or other judgment creditor.
2-14                 (2)  "Judgment debtor" means a party against whom a
2-15     judgment is rendered.
2-16           SECTION 2. This Act takes effect September 1, 2001, and
2-17     applies only to the payment of any judgment on or after that date,
2-18     without regard to whether the judgment was entered before, on, or
2-19     after that date.