HBA-DMH, MPM H.B. 650 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 650
By: King, Phil
Civil Practices
3/19/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, law directs courts to issue instructions on both citations and
discovery at all court levels.  These instructions serve to inform
litigants that sanctions are a possible consequence if they do not follow
certain rules.  Current law does not apply the same warnings with respect
to a sworn account suit.  Under the law, a summary judgment may be obtained
against a defendant who fails to notarize an answer that a bill has been
paid or that another legal defense exists.  House Bill 650 provides that a
citation served in a sworn account suit must include a statement indicating
that unless the respondent files an answer in writing, a summary judgment
may result. 

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 650 amends the Civil Practice and Remedies Code to provide that
a citation served in  an action filed as a suit on a sworn account must
include the statement: "This action is a suit on a sworn account. Unless
you file an answer in writing that is verified by a sufficient affidavit, a
summary judgment may be taken against you." 

EFFECTIVE DATE

September 1, 2001.