BILL ANALYSIS

H.B. 2090

By: Darby

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Court clerks are required to manually enter information on certain writs that are issued as a result of a civil judgment of a tax sale. This requirement is antiquated, and the purchase of an execution docket book is an undue expense.

H.B. 2090 authorizes a court clerk who is required to enter information into an execution docket to enter and maintain the information in an electronic format.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2090 amends the Civil Practice and Remedies Code to authorize the clerk of a court who is required to enter information into an execution docket under the Texas Rules of Civil Procedure or other law to enter and maintain the information in an electronic format that allows the information to be retrieved on the same basis as information would be retrieved manually using an index or cross-index to the docket that is otherwise required by law. The bill prohibits the Supreme Court of Texas from amending or adopting rules in conflict with these provisions.

EFFECTIVE DATE

September 1, 2009.