1-1     By:  Kolkhorst (Senate Sponsor - Ogden)               H.B. No. 2804
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain instruments recorded to create liens on
 1-9     property or to show satisfaction of a judgment.
1-11           SECTION 1. Section 12.013, Property Code, is amended to read
1-12     as follows:
1-13           Sec. 12.013.  JUDGMENT. A judgment [or an abstract of a
1-14     judgment] of a court may be recorded if:
1-15                 (1)  the judgment is of a court:
1-16                       (A)  expressly created or established under the
1-17     constitution or laws of this state or of the United States;
1-18                       (B)  that is a court of a foreign country and
1-19     that is recognized by an Act of congress or a treaty or other
1-20     international convention to which the United States is a party; or
1-21                       (C)  of any other jurisdiction, territory, or
1-22     protectorate entitled to full faith and credit in this state under
1-23     the Constitution of the United States; and
1-24                 (2)  the judgment is attested under the signature and
1-25     seal of the clerk of the court that rendered the judgment.
1-26           SECTION 2. Sections 52.002, 52.004, and 52.005, Property
1-27     Code, are amended to read as follows:
1-28           Sec. 52.002.  ISSUANCE OF ABSTRACT. (a)  On application [The
1-29     attorney] of a person in whose favor a judgment is rendered [in a
1-30     small claims court or a justice court may prepare an abstract of
1-31     judgment] or on application of [that person or of] that person's
1-32     agent, attorney, or assignee, the judge or justice of the peace who
1-33     rendered the judgment or the clerk of the court in which the
1-34     judgment is rendered shall prepare, certify, and deliver to the
1-35     applicant an abstract of the judgment.  The applicant for the
1-36     abstract must pay the fee authorized by law for providing the
1-37     abstract.
1-38           (b)  The attorney of a person in whose favor a judgment is
1-39     rendered in a small claims court or a justice court or a [A] person
1-40     in whose favor a judgment is rendered in a court other than a small
1-41     claims court or a justice court or that [the] person's agent,
1-42     attorney, or assignee may prepare the abstract of judgment.  An
1-43     [The] abstract of judgment prepared under this subsection must be
1-44     verified by the person preparing the abstract.
1-45           [(c)  If the clerk prepares the abstract, the applicant for
1-46     the abstract must pay the fee allowed by law.]
1-47           Sec. 52.004.  RECORDING AND INDEXING OF ABSTRACT. (a)  The
1-48     county clerk shall immediately record in the county real property
1-49     [judgment] records each properly authenticated abstract of judgment
1-50     that is presented for recording.  The clerk shall note in the
1-51     records the date and hour an abstract of judgment is received.
1-52           (b)  At the same time an abstract is recorded, the county
1-53     clerk shall enter the abstract on the alphabetical index to the
1-54     real property [judgment] records, showing:
1-55                 (1)  the name of each plaintiff in the judgment;
1-56                 (2)  the name of each defendant in the judgment; and
1-57                 (3)  the volume and page or instrument number [of the
1-58     page] in the records in which the abstract is recorded.
1-59           [(c)  The clerk shall leave a space at the foot of each
1-60     recorded abstract for the entry of credits on or satisfaction of
1-61     the judgment and shall make those entries when credits are properly
1-62     shown.]
1-63           Sec. 52.005.  SATISFACTION OF JUDGMENT. Satisfaction of a
1-64     judgment in whole or in part may be shown by recordation of:
 2-1                 (1)  a return on an execution issued on the judgment,
 2-2     or a copy of the return, certified by the officer making the return
 2-3     and showing:
 2-4                       (A)  the names of the parties to the judgment;
 2-5                       (B)  the number and style of the suit;
 2-6                       (C)  the court in which the judgment was
 2-7     rendered;
 2-8                       (D)  the date and amount of the judgment; and
 2-9                       (E)  the dates of issuance and return of the
2-10     execution; or
2-11                 (2)  a receipt, acknowledgement, or release that is
2-12     signed by the party entitled to receive payment of the judgment or
2-13     by that person's agent or attorney of record and that is
2-14     acknowledged or proven for record in the manner required for deeds.
2-15           SECTION 3. Section 192.004, Local Government Code, is
2-16     repealed.
2-17           SECTION 4. This Act takes effect September 1, 2001, and
2-18     applies to an abstract of judgment filed before, on, or after that
2-19     date.
2-20                                  * * * * *