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AN ACT
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relating to notice to a judgment debtor of the filing of a foreign |
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judgment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.004, Civil Practice and Remedies |
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Code, is amended by amending Subsection (b) and adding Subsection |
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(d) to read as follows: |
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(b) The judgment creditor or the judgment creditor's |
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attorney [clerk] shall: |
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(1) promptly mail notice of the filing of the foreign |
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judgment to the judgment debtor at the address provided for the |
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judgment debtor under Subsection (a); and |
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(2) file proof of mailing of the notice with the clerk |
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of the court [given and shall note the mailing in the docket]. |
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(d) On receipt of proof of mailing under Subsection (b), the |
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clerk of the court shall note the mailing in the docket. |
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SECTION 2. Section 35.005, Civil Practice and Remedies |
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Code, is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to the filing of a foreign judgment on or after the effective date |
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of this Act. The filing of a foreign judgment before the effective |
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date of this Act is governed by the law in effect immediately before |
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that date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 428 passed the Senate on |
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March 17, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 428 passed the House on |
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May 3, 2011, by the following vote: Yeas 144, Nays 0, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |