Bill Text: TX SB428 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to notice to a judgment debtor of the filing of a foreign judgment.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-05-17 - Effective immediately [SB428 Detail]
Download: Texas-2011-SB428-Enrolled.html
| S.B. No. 428 | ||
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| 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 [ |
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| (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 [ |
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| (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| Code, is repealed.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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 428 passed the Senate on | ||
| March 17, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 428 passed the House on | ||
| May 3, 2011, by the following vote: Yeas 144, Nays 0, one present | ||
| not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
