HBA-MSH H.B. 2557 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2557 By: Jones, Elizabeth Civil Practices 7/19/2001 Enrolled 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 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 House Bill 2557 amends the Civil Practice and Remedies Code to provide that if a judgment debtor fulfills specified notification requirements and the judgment creditor refuses to accept payment of the amount under the judgment or accepts payment under the judgment and refuses to execute a release of judgment, the bill requires the court to set the matter for hearing on a party's motion or on the court's own motion to determine whether or not a release should be filed. On notice and hearing the bill authorizes the court to direct the judgment debtor to prepare and file a release of the judgment if the court finds that the amount under the judgment has been paid or the judgment creditor has accepted payment and refused to execute a release of judgment. EFFECTIVE DATE September 1, 2001.