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