BILL ANALYSIS H.B. 1066 By: Thompson, Senfronia Judiciary & Civil Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties assert that the circumstances for collection of a judgment through a court proceeding need to be revised to make it easier for a judgment creditor to receive a court's assistance in reaching property to obtain satisfaction on the judgment. H.B. 1066 seeks to achieve this goal by removing a condition affecting property that can be reached through a court injunction or other means to obtain satisfaction on a judgment. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1066 amends the Civil Practice and Remedies Code to remove from the entitlement of a judgment creditor to aid from a court of appropriate jurisdiction to reach property owned by a judgment debtor in order to obtain satisfaction on the judgment if the property meets certain conditions the condition that the property cannot readily be attached or levied on by ordinary legal process. The bill applies to the collection of any judgment, regardless of whether the judgment was entered before, on, or after the bill's effective date. EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1066
By: Thompson, Senfronia
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
H.B. 1066
By: Thompson, Senfronia
Judiciary & Civil Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties assert that the circumstances for collection of a judgment through a court proceeding need to be revised to make it easier for a judgment creditor to receive a court's assistance in reaching property to obtain satisfaction on the judgment. H.B. 1066 seeks to achieve this goal by removing a condition affecting property that can be reached through a court injunction or other means to obtain satisfaction on a judgment.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1066 amends the Civil Practice and Remedies Code to remove from the entitlement of a judgment creditor to aid from a court of appropriate jurisdiction to reach property owned by a judgment debtor in order to obtain satisfaction on the judgment if the property meets certain conditions the condition that the property cannot readily be attached or levied on by ordinary legal process. The bill applies to the collection of any judgment, regardless of whether the judgment was entered before, on, or after the bill's effective date.
EFFECTIVE DATE On passage, or, if the bill does not receive the necessary vote, September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties assert that the circumstances for collection of a judgment through a court proceeding need to be revised to make it easier for a judgment creditor to receive a court's assistance in reaching property to obtain satisfaction on the judgment. H.B. 1066 seeks to achieve this goal by removing a condition affecting property that can be reached through a court injunction or other means to obtain satisfaction on a judgment.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1066 amends the Civil Practice and Remedies Code to remove from the entitlement of a judgment creditor to aid from a court of appropriate jurisdiction to reach property owned by a judgment debtor in order to obtain satisfaction on the judgment if the property meets certain conditions the condition that the property cannot readily be attached or levied on by ordinary legal process. The bill applies to the collection of any judgment, regardless of whether the judgment was entered before, on, or after the bill's effective date.
EFFECTIVE DATE
On passage, or, if the bill does not receive the necessary vote, September 1, 2017.