HBA-MSH C.S.H.B. 2557 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2557 By: Jones, Elizabeth Civil Practices 4/3/2001 Committee Report (Substituted) 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. C.S.H.B. 2557 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 C.S.H.B. 2557 amends the Civil Practice 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. If a judgment creditor refuses to accept payment of the amount under the judgment or accepts payment and refuses to execute a release of judgment, the bill authorizes the court to set the matter for hearing to determine whether or not a release should be issued. The bill authorizes the court to issue a release of judgment if the court finds that the amount under the judgment has been paid into the court or the judgment creditor has accepted payment and refuses to execute a release of judgment. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2557 differs from the original by authorizing the court to hold a hearing on the matter and issue a release of judgment if a judgment creditor refuses to accept payment or execute a release of judgment.