| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice to a judgment debtor of the filing of a foreign |
|
|
judgment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 35.004, Civil Practice and Remedies |
|
|
Code, is amended by amending Subsection (b) and adding Subsection |
|
|
(d) to read as follows: |
|
|
(b) The judgment creditor or the judgment creditor's |
|
|
attorney [clerk] shall: |
|
|
(1) promptly mail notice of the filing of the foreign |
|
|
judgment to the judgment debtor at the address provided for the |
|
|
judgment debtor under Subsection (a); and |
|
|
(2) file proof of mailing of the notice with the clerk |
|
|
of the court [given and shall note the mailing in the docket]. |
|
|
(d) On receipt of proof of mailing under Subsection (b), the |
|
|
clerk of the court shall note the mailing in the docket. |
|
|
SECTION 2. Section 35.005, Civil Practice and Remedies |
|
|
Code, is repealed. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to the filing of a foreign judgment on or after the effective date |
|
|
of this Act. The filing of a foreign judgment before the effective |
|
|
date of this Act is governed by the law in effect immediately before |
|
|
that date, and that law is continued in effect for that purpose. |
|
|
SECTION 4. 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, 2011. |