79R14522 AJA-F


By:  Ellis                                                        S.B. No. 464

Substitute the following for S.B. No. 464:                                    

By:  Keffer of Eastland                                       C.S.S.B. No. 464



A BILL TO BE ENTITLED

AN ACT

relating to the duration of judgment liens in favor of the state.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 52.006, Property Code, is amended to 
read as follows:    
	Sec. 52.006.  DURATION OF LIEN.  (a)  Except as provided by 
Subsection (b), a [A] judgment lien continues for 10 years 
following the date of recording and indexing the abstract, except 
that if the judgment becomes dormant during that period the lien 
ceases to exist.
	(b)  Notwithstanding Section 34.001, Civil Practice and 
Remedies Code, a judgment in favor of the state or a state agency, 
as that term is defined by Section 403.055, Government Code, does 
not become dormant.  A properly filed abstract of the judgment 
continues to constitute a lien under Section 52.001 until the 
earlier of the 20th anniversary of the date the abstract is recorded 
and indexed or the date the judgment is satisfied or the lien is 
released.  The judgment lien may be renewed for one additional 
20-year period by filing, before the expiration of the initial 
20-year period, a renewed abstract of judgment in the same manner as 
the original abstract of judgment is filed.  The renewed judgment 
lien relates back to the date the original abstract of judgment was 
filed.
	SECTION 2.  The change in law made by this Act applies to:                     
		(1)  a judgment, if the judgment is not then dormant, 
that exists on the effective date of this Act;
		(2)  a judgment lien on record before the effective 
date of this Act; or    
		(3)  a judgment entered or abstract of judgment 
recorded and indexed on or after the effective date of this Act.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.