By Kolkhorst                                          H.B. No. 2804
         77R8339 CAS-F                           
                                A BILL TO BE ENTITLED
 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.
 1-5           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 to an abstract of judgment filed before, on, or after that
3-26     date.