HBA-ATS, ALS H.B. 1174 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1174 By: Junell Business & Industry 6/1/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, a party who was awarded a favorable judgment in small claims court or justice court was not allowed to prepare the abstract of judgment. However, a party was allowed to prepare the abstract of judgment for any other state court. H.B. 1174 authorizes the attorney of a person to prepare an abstract of judgment if that person is rendered a favorable judgment in a small claims court or justice court, or requires the small claims court judge or the justice of the peace, on application of the person in whose favor a judgment is rendered or of that person's agent, attorney, or assignee, to prepare and deliver to the applicant an abstract of the judgment. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 52.002(a), Property Code, to authorize an attorney of a person to prepare an abstract of judgment if that person is rendered a favorable judgment in a small claims court or justice court, or to require the small claims court judge or the justice of the peace, on application of the person in whose favor a judgment is rendered or of that person's agent, attorney, or assignee, to prepare and deliver to the applicant an abstract of the judgment. SECTION 2.Effective date: September 1, 1999. Provides that this Act applies to an action filed before, on, or after September 1, 1999. SECTION 3.Emergency clause.