| 1 | 1 | | By: Huffman S.B. No. 428 |
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| 2 | 2 | | (Thompson) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice to a judgment debtor of the filing of a foreign |
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| 8 | 8 | | judgment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 35.004, Civil Practice and Remedies |
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| 11 | 11 | | Code, is amended by amending Subsection (b) and adding Subsection |
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| 12 | 12 | | (d) to read as follows: |
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| 13 | 13 | | (b) The judgment creditor or the judgment creditor's |
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| 14 | 14 | | attorney [clerk] shall: |
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| 15 | 15 | | (1) promptly mail notice of the filing of the foreign |
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| 16 | 16 | | judgment to the judgment debtor at the address provided for the |
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| 17 | 17 | | judgment debtor under Subsection (a); and |
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| 18 | 18 | | (2) file proof of mailing of the notice with the clerk |
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| 19 | 19 | | of the court [given and shall note the mailing in the docket]. |
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| 20 | 20 | | (d) On receipt of proof of mailing under Subsection (b), the |
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| 21 | 21 | | clerk of the court shall note the mailing in the docket. |
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| 22 | 22 | | SECTION 2. Section 35.005, Civil Practice and Remedies |
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| 23 | 23 | | Code, is repealed. |
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| 24 | 24 | | SECTION 3. The change in law made by this Act applies only |
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| 25 | 25 | | to the filing of a foreign judgment on or after the effective date |
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| 26 | 26 | | of this Act. The filing of a foreign judgment before the effective |
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| 27 | 27 | | date of this Act is governed by the law in effect immediately before |
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| 28 | 28 | | that date, and that law is continued in effect for that purpose. |
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| 29 | 29 | | SECTION 4. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2011. |
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