1-1 AN ACT
1-2 relating to certain instruments recorded to create liens on
1-3 property or to show satisfaction of a judgment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 12.013, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 12.013. JUDGMENT. A judgment [or an abstract of a
1-8 judgment] of a court may be recorded if:
1-9 (1) the judgment is of a court:
1-10 (A) expressly created or established under the
1-11 constitution or laws of this state or of the United States;
1-12 (B) that is a court of a foreign country and
1-13 that is recognized by an Act of congress or a treaty or other
1-14 international convention to which the United States is a party; or
1-15 (C) of any other jurisdiction, territory, or
1-16 protectorate entitled to full faith and credit in this state under
1-17 the Constitution of the United States; and
1-18 (2) the judgment is attested under the signature and
1-19 seal of the clerk of the court that rendered the judgment.
1-20 SECTION 2. Sections 52.002, 52.004, and 52.005, Property
1-21 Code, are amended to read as follows:
1-22 Sec. 52.002. ISSUANCE OF ABSTRACT. (a) On application [The
1-23 attorney] of a person in whose favor a judgment is rendered [in a
1-24 small claims court or a justice court may prepare an abstract of
2-1 judgment] or on application of [that person or of] that person's
2-2 agent, attorney, or assignee, the judge or justice of the peace who
2-3 rendered the judgment or the clerk of the court in which the
2-4 judgment is rendered shall prepare, certify, and deliver to the
2-5 applicant an abstract of the judgment. The applicant for the
2-6 abstract must pay the fee authorized by law for providing the
2-7 abstract.
2-8 (b) The attorney of a person in whose favor a judgment is
2-9 rendered in a small claims court or a justice court or a [A] person
2-10 in whose favor a judgment is rendered in a court other than a small
2-11 claims court or a justice court or that [the] person's agent,
2-12 attorney, or assignee may prepare the abstract of judgment. An
2-13 [The] abstract of judgment prepared under this subsection must be
2-14 verified by the person preparing the abstract.
2-15 [(c) If the clerk prepares the abstract, the applicant for
2-16 the abstract must pay the fee allowed by law.]
2-17 Sec. 52.004. RECORDING AND INDEXING OF ABSTRACT. (a) The
2-18 county clerk shall immediately record in the county real property
2-19 [judgment] records each properly authenticated abstract of judgment
2-20 that is presented for recording. The clerk shall note in the
2-21 records the date and hour an abstract of judgment is received.
2-22 (b) At the same time an abstract is recorded, the county
2-23 clerk shall enter the abstract on the alphabetical index to the
2-24 real property [judgment] records, showing:
2-25 (1) the name of each plaintiff in the judgment;
2-26 (2) the name of each defendant in the judgment; and
2-27 (3) the volume and page or instrument number [of the
3-1 page] in the records in which the abstract is recorded.
3-2 [(c) The clerk shall leave a space at the foot of each
3-3 recorded abstract for the entry of credits on or satisfaction of
3-4 the judgment and shall make those entries when credits are properly
3-5 shown.]
3-6 Sec. 52.005. SATISFACTION OF JUDGMENT. Satisfaction of a
3-7 judgment in whole or in part may be shown by recordation of:
3-8 (1) a return on an execution issued on the judgment,
3-9 or a copy of the return, certified by the officer making the return
3-10 and showing:
3-11 (A) the names of the parties to the judgment;
3-12 (B) the number and style of the suit;
3-13 (C) the court in which the judgment was
3-14 rendered;
3-15 (D) the date and amount of the judgment; and
3-16 (E) the dates of issuance and return of the
3-17 execution; or
3-18 (2) a receipt, acknowledgement, or release that is
3-19 signed by the party entitled to receive payment of the judgment or
3-20 by that person's agent or attorney of record and that is
3-21 acknowledged or proven for record in the manner required for deeds.
3-22 SECTION 3. Section 192.004, Local Government Code, is
3-23 repealed.
3-24 SECTION 4. This Act takes effect September 1, 2001, and
3-25 applies only to an abstract of judgment filed on or after that
3-26 date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2804 was passed by the House on May
5, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2804 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2804 was passed by the Senate, with
amendments, on May 18, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor