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 Subsection (g) and adding Subsection (h) to 1-6 read as follows: 1-7 (g) If the judgment debtor complies with Subsections (b) and 1-8 (c) and the judgment creditor refuses to accept payment of the 1-9 amount under the judgment or accepts payment under the judgment and 1-10 refuses to execute a release of judgment, the court shall set the 1-11 matter for hearing on a party's motion or on the court's own motion 1-12 to determine whether or not a release should be filed. On notice 1-13 and hearing the court may direct the judgment debtor to prepare and 1-14 file a recordable release of the judgment with the clerk of the 1-15 court if the court finds that: 1-16 (1) the amount under the judgment has been paid into 1-17 the registry of the court; or 1-18 (2) the judgment creditor has accepted payment under 1-19 the judgment and refused to execute a release of judgment. 1-20 (h) In this section: 1-21 (1) "Judgment creditor" means a party in whose favor a 1-22 judgment has been rendered, whether a plaintiff, counterclaimant, 1-23 cross-claimant, third party plaintiff, or other judgment creditor. 1-24 (2) "Judgment debtor" means a party against whom a 2-1 judgment is rendered. 2-2 SECTION 2. This Act takes effect September 1, 2001, and 2-3 applies only to the payment of any judgment on or after that date, 2-4 without regard to whether the judgment was entered before, on, or 2-5 after that date. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2557 was passed by the House on April 27, 2001, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 2557 on May 25, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2557 was passed by the Senate, with amendments, on May 22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor