LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION May 18, 2021 TO: Honorable Kelly Hancock, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3115 by Shine (Relating to the release of a judgment lien on homestead property.), As Engrossed No significant fiscal implication to the State is anticipated. The bill would amend the Property Code to provide that a judgment debtor may file, at any time, a certificate of mailing that substantially complies with Section 52.0012(g). The bill would provide that a judgment debtor who files the affidavit must send a letter notifying the judgment creditor of the filing of the affidavit and a copy of the filed affidavit to certain addresses. The bill would provide that, if a judgment debtor has filed a certificate of mailing and a contradicting affidavit is not filed, a bona fide purchaser or mortgagee and similarly situated individuals can rely conclusively on the affidavit for the 90-day period that begins on the 31st day after the certificate of mailing was filed. Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, SZ, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
May 18, 2021
TO: Honorable Kelly Hancock, Chair, Senate Committee on Business & Commerce FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3115 by Shine (Relating to the release of a judgment lien on homestead property.), As Engrossed
TO: Honorable Kelly Hancock, Chair, Senate Committee on Business & Commerce
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3115 by Shine (Relating to the release of a judgment lien on homestead property.), As Engrossed
Honorable Kelly Hancock, Chair, Senate Committee on Business & Commerce
Honorable Kelly Hancock, Chair, Senate Committee on Business & Commerce
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB3115 by Shine (Relating to the release of a judgment lien on homestead property.), As Engrossed
HB3115 by Shine (Relating to the release of a judgment lien on homestead property.), As Engrossed
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Property Code to provide that a judgment debtor may file, at any time, a certificate of mailing that substantially complies with Section 52.0012(g). The bill would provide that a judgment debtor who files the affidavit must send a letter notifying the judgment creditor of the filing of the affidavit and a copy of the filed affidavit to certain addresses. The bill would provide that, if a judgment debtor has filed a certificate of mailing and a contradicting affidavit is not filed, a bona fide purchaser or mortgagee and similarly situated individuals can rely conclusively on the affidavit for the 90-day period that begins on the 31st day after the certificate of mailing was filed. Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
The bill would amend the Property Code to provide that a judgment debtor may file, at any time, a certificate of mailing that substantially complies with Section 52.0012(g). The bill would provide that a judgment debtor who files the affidavit must send a letter notifying the judgment creditor of the filing of the affidavit and a copy of the filed affidavit to certain addresses. The bill would provide that, if a judgment debtor has filed a certificate of mailing and a contradicting affidavit is not filed, a bona fide purchaser or mortgagee and similarly situated individuals can rely conclusively on the affidavit for the 90-day period that begins on the 31st day after the certificate of mailing was filed.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, SZ, BH
JMc, SZ, BH