By: Huffman S.B. No. 428
(Thompson)
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Code, is repealed.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.