87R10081 TYPED
By: Schofield H.B. No. 2918
A BILL TO BE ENTITLED
AN ACT
relating to the collection of certain judgments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 31.002(f), Civil Practice and remedies code
is amended to read as follows:
(f) A court may not enter or enforce an order under this
section that requires the turnover of the sales proceeds of, or the
disbursement of, property exempt under any Texas statute, including
Section 42.0021, Property Code. This subsection does not apply to
the enforcement of a child support obligation or a judgment for past
due child support.
SECTION 2. Sec. 31.002, Civil Practice and remedies code is
amended by adding new subsections (i) and (j) to read as follows:
(i) In addition to sections (a) and (b) above, if a
judgement creditor has attempted to satisfy their judgement and the
final money judgment remains unsatisfied, the judgment credit is
entitled to a hearing on their application. If notice of the
hearing is provided to the judgment debtor, the court shall appoint
a receiver to enforce the judgment unless the defendant appears and
asserts an applicable exemption.
(j) A court may issue an order under this section without
requiring the judgment creditor to prove the existence of specific
property.
SECTION 3. The change in law made by this Act applies to the
collection of any judgment, regardless of whether the judgment was
entered before, on, or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.