1-1     By:  Jones of Bexar (Senate Sponsor - Wentworth)      H.B. No. 2557
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 10, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     May 10, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2557               By:  Wentworth
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the payment of certain judgments.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 31.008, Civil Practice and Remedies Code,
1-13     is amended by amending Subsection (g) and adding Subsection (h) to
1-14     read as follows:
1-15           (g)  If the judgment debtor complies with Subsections (b) and
1-16     (c) and the judgment creditor refuses to accept payment of the
1-17     amount under the judgment or accepts payment under the judgment and
1-18     refuses to execute a release of judgment, the court shall set the
1-19     matter for hearing on a party's motion or on the court's own motion
1-20     to determine whether or not a release should be filed.  On notice
1-21     and hearing the court may direct the judgment debtor to prepare and
1-22     file a recordable release of the judgment with the clerk of the
1-23     court if the court finds that:
1-24                 (1)  the amount under the judgment has been paid into
1-25     the registry of the court; or
1-26                 (2)  the judgment creditor has accepted payment under
1-27     the judgment and refused to execute a release of judgment.
1-28           (h)  In this section:
1-29                 (1)  "Judgment creditor" means a party in whose favor a
1-30     judgment has been rendered, whether a plaintiff, counterclaimant,
1-31     cross-claimant, third party plaintiff, or other judgment creditor.
1-32                 (2)  "Judgment debtor" means a party against whom a
1-33     judgment is rendered.
1-34           SECTION 2. This Act takes effect September 1, 2001, and
1-35     applies only to the payment of any judgment on or after that date,
1-36     without regard to whether the judgment was entered before, on, or
1-37     after that date.
1-38                                  * * * * *