HBA-MSH H.B. 2557 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2557
By: Jones, Elizabeth
Civil Practices
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

Occasionally,  a person owed money as a result of a judgment on a claim
(judgment creditor) will refuse to accept payment from the other party to a
suit (judgment debtor) in order to adversely affect the credit rating of
the judgment debtor, which can have financial repercussions beyond the
amount owed under the judgment.  House Bill 2556 provides for the issuance
of a recordable release of judgment if the judgment creditor refuses to
accept payment. 

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. 

ANALYSIS

House Bill 2557 amends the Civil Practices and Remedies Code to authorize a
judgment debtor who fulfills specified notification requirements to pay to
the court that rendered the judgment the money owed under the judgment to a
judgment creditor whose location is unknown to the judgment debtor or who
refuses to accept payment.  The bill requires a clerk of the court to issue
a recordable release of judgment if the judgment creditor refuses to accept
payment. 

EFFECTIVE DATE

September 1, 2001.