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1 | 1 | 86R14236 AJA-D | |
2 | 2 | By: Johnson of Harris H.B. No. 4122 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the award of attorney's fees to a financial institution | |
8 | 8 | that answers a writ of garnishment. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 276.002, Finance Code, is amended by | |
11 | 11 | adding Subsection (d-1) to read as follows: | |
12 | 12 | (d-1) Notwithstanding the Texas Rules of Civil Procedure or | |
13 | 13 | any other law, if a financial institution timely files an answer to | |
14 | 14 | a writ of garnishment, a court may not award attorney's fees to the | |
15 | 15 | financial institution unless the garnishor unsuccessfully contests | |
16 | 16 | the answer. | |
17 | 17 | SECTION 2. The change in law made by this Act applies only | |
18 | 18 | to a writ of garnishment issued on or after the effective date of | |
19 | 19 | this Act. | |
20 | 20 | SECTION 3. This Act takes effect September 1, 2019. |