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 * * * * *