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.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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 * * * * *