Changes to Practice Notes—May 2019
Chapter 1Debt Collection Law Practice
§ 1.2:4Duty to Report Ethical Violation; Peer Assistance Program Alternative
The section was added.
§ 1.2:5Texas Lawyer’s Assistance Program
The section was added.
§ 1.6Taxation of Debt Collection Services
The url was updated.
Chapter 2Laws Affecting Debt Collection
§ 2.78:7Stay of Nonjudicial Repossession of Security Interest
The practice note was revised to reflect that the period during which a secured creditor may not seize, sell, or foreclose on collateral has changed from nine months to one year.
Chapter 3Finding Debtor & Debtor’s Assets
§ 3.4:2Obtaining Debtor Information through Post Office
The practice note was revised to reflect new U.S. Postal Service Freedom of Information Act regulations.
§ 3.10 Public Records
The url was revised.
Chapter 7Creation & Enforcement of Liens
§ 7.4:2Enforcement Provisions
The sentence about mineral liens was revised.
§ 7.11Overview
The last paragraph was revised.
§ 7.12:4Payment Bonds
Numerous minor revisions were made to this section, including to the first paragraph, the “statutory payment bond” paragraph, the “advantage of bond claim” paragraph, and the “lien release bond or bond to indemnify” paragraph.
Part III.Bond Claims on Governmental Projects
The title to Part III. was changed.
§ 7.21:1State and Local Projects Generally
Revisions were made to the first sentence of this section and to the next to last paragraph.
§ 7.21:3Requests for Information
The name of the Texas Department of Insurance was updated.
§ 7.22Bond Claims on Federal Public Works Projects
The title was revised.
§ 7.23Texas Property Code Construction Trust Fund
The section was revised.
§ 7.23:4Penalties for Misapplication of Monies by Trustees
The “practice note” was revised.
Chapter 8Prejudgment Remedies
§ 8.36:5Request for Relief
The parenthetical to Hues v. Warren Petroleum Co. was revised.
Chapter 14Petitions & Causes of Action
§ 14.22:6Proving Charges for Services by Affidavit
The reference to section 19.1 was deleted.
§ 14.24:1Elements
The reference to section 19.1 was deleted.
§§ 14.32–.35
The sections were renumbered to §§ 14.34–.37.
§ 14.32Suit on Acknowledgment of Debt
The section was added.
§ 14.33Confirmation of an Arbitration Award
The section was added.
Chapter 15Jurisdiction & Venue
§ 15.1:3Constitutional County Court
The first sentence was added.
§ 15.1:4Statutory County Court (County Court at Law)
The first sentence was added.
§ 15.1:5District Court
The section was revised.
§ 15.20Venue in Federal Court
“U.S.” was added before “district courts” in the first sentence.
Chapter 16Service of Process
§ 16.1:1Citation Generally
The section was revised.
§ 16.1:2Citation Requirements
The first sentences to the “file number,” “names of parties,” and “court clerk’s address” paragraphs were added. A citation to the justice court rules of procedure was added to the “default judgment warning” paragraph. The last sentence to the “required notice pursuant to Tex. R. Civ. P. 99(c)” paragraph was added.
§ 16.8Return of Service
The first paragraph was revised.
§ 16.11:2Service through Secretary of State
The first sentence to the last paragraph in the “when authorized” section was added.
§ 16.13:3Series of Limited Liability Company
The section was added, and the previous § 16.13:3 was renumbered to § 16.13:4.
§ 16.14:1Jurisdictional and Statutory Reach of Long-Arm Statute
The second numbered paragraph was revised.
Chapter 17Defenses & Counterclaims
§ 17.3:3Novation Compared with Accord and Satisfaction
The section was revised.
§ 17.64:2Type and Specificity of Acknowledgment Required
The section was revised.
§ 17.64:3Pleading Requirements
The section was revised.
Chapter 19Trial Procedure
§ 19.32Discovery under Expedited Action Process
A reference to section 18.2 in the manual was added.
§ 19.47Use of Summary Judgment in Suit for Breach of Contract
A reference to the new form 19-15 was added.
§ 19.64Determination of Law of Another Nation
The words “in part” were added after “Rule 203 states.”
Chapter 20Judgment
§ 20.24Compliance with Servicemembers Civil Relief Act
The url for certificates of service was revised.
Chapter 27Postjudgment Remedies
§ 27.8:1Expiration of Judgment Lien
The last two sentences to the first paragraph were added. The sentence under row “e” in the table was revised to clarify the rule at issue.
Chapter 28Landlord-Tenant Law
§ 28.32:2Perfection of Commercial Landlord’s Statutory Lien
The sentence referring to form 28-2 was moved from § 28.32:3 to this section.
Chapter 29Probate & Guardianship
§ 29.6:3Probate of Will as Muniment of Title
The last paragraph was revised for clarity.
Chapter 30Justice Courts
The chapter was added.
Chapter 35Bankruptcy
§ 35.14Termination of Automatic Stay
The first sentence was revised.
§ 35.52:9Nonconsumer Payments under $6,425
The section was revised to reflect the next scheduled adjustment for the consumer price index.
Changes to Forms—May 2019
Chapter 3Finding Debtor & Debtor’s Assets
Form 3-1Letter to Postal Service Requesting Information Concerning Address for Service of Process
The headnote and the letter were revised.
Chapter 6Presuit Considerations
Form 6-1Application to Confirm Arbitration Award
The form was deleted.
Chapter 14Petitions & Causes of Action
Form 14-22Application to Confirm Arbitration Award
The form was added.
Form 14-23Judgment
The form was added.
Chapter 19Trial Procedure
Form 19-5Jurat for Unsworn Declaration
Minor edits were made to the form.
Form 19-15Grounds for Summary Judgment—Breach of Contract
The form was added.
Forms 19-16 through 19-19These forms were previously numbered 19-15 through 19-18.
Chapter 20Judgment
Form 20-7Judgment Nihil Dicit
The language for awarding prejudgment interest was revised, language allowing for the award of attorney’s fees was added, and language allowing for additional attorney’s fees for appeals was revised.
Form 20-8Final Summary Judgment
The language for awarding prejudgment interest was revised, language allowing for the award of attorney’s fees was added, and language allowing for additional attorney’s fees for appeals was revised.
Form 20-10Final Summary Judgment
The language for awarding prejudgment interest was revised, language allowing for the award of attorney’s fees was added, and language allowing for additional attorney’s fees for appeals was revised.
Form 20-13Judgment [Bench Trial]
The language for awarding prejudgment interest was revised, language allowing for the award of attorney’s fees was added, and language allowing for additional attorney’s fees for appeals was revised.
Form 20-14Judgment [Based on Jury Verdict]
The language for awarding prejudgment interest was revised, language allowing for the award of attorney’s fees was added, and language allowing for additional attorney’s fees for appeals was revised.
Form 20-15Judgment [Based on Directed Verdict]
The language for awarding prejudgment interest was revised, language allowing for the award of attorney’s fees was added, and language allowing for additional attorney’s fees for appeals was revised.
Form 20-17Costs and Interest Rate Calculator
The spreadsheet was updated.
Chapter 27Postjudgment Remedies
Form 27-3 Release of Judgment Lien
The headnote and the form language were revised.