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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3063

80R2712 CAE-D                                                                                                By: Pena (Hinojosa)

                                                                                                                                      Jurisprudence

                                                                                                                                            5/14/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, a judgment ordered against a Texas citizen in another country must be filed in the Texas citizen's county of residence; however, a judgment ordered in another state may be filed in any county in Texas. 

 

H.B. 3063 authorizes a foreign judgment against a Texas citizen to be filed in the county of residence of that citizen or in any other court of competent jurisdiction as allowed under the Texas venue laws.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 35.003(a), Civil Practice and Remedies Code, as follows:

 

(a) Authorizes a copy of a foreign judgment authenticated in accordance with an act of congress or a statute of this state to be filed in the office of the clerk of a court in the county of residence of the party against whom recognition is sought or in any other court of competent jurisdiction as allowed under the Texas venue laws, rather than in any court of competent jurisdiction of this state.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.