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