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By: Ellis |
S.B. No. 300 |
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(In the Senate - Filed January 24, 2007; January 30, 2007, |
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read first time and referred to Committee on State Affairs; |
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February 14, 2007, rereferred to Committee on Government |
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Organization; March 12, 2007, reported favorably by the following |
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vote: Yeas 4, Nays 0; March 12, 2007, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the duration of judgment liens in favor of the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.006, Property Code, is amended to |
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read as follows: |
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Sec. 52.006. DURATION OF LIEN. (a) Except as provided by |
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Subsection (b), a [A] judgment lien continues for 10 years |
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following the date of recording and indexing the abstract, except |
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that if the judgment becomes dormant during that period the lien |
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ceases to exist. |
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(b) Notwithstanding Section 34.001, Civil Practice and |
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Remedies Code, a judgment in favor of the state or a state agency, |
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as that term is defined by Section 403.055, Government Code, does |
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not become dormant. A properly filed abstract of the judgment |
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continues to constitute a lien under Section 52.001 until the |
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earlier of the 20th anniversary of the date the abstract is recorded |
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and indexed or the date the judgment is satisfied or the lien is |
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released. The judgment lien may be renewed for one additional |
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20-year period by filing, before the expiration of the initial |
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20-year period, a renewed abstract of judgment in the same manner as |
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the original abstract of judgment is filed. The renewed judgment |
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lien relates back to the date the original abstract of judgment was |
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filed. |
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SECTION 2. The change in law made by this Act applies to: |
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(1) a judgment, if the judgment is not then dormant, |
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that exists on the effective date of this Act; |
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(2) a judgment lien on record before the effective |
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date of this Act; or |
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(3) a judgment entered or abstract of judgment |
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recorded and indexed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |