| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | 87R10081 TYPED | |
| 2 | 2 | By: Schofield H.B. No. 2918 | |
| 3 | - | Substitute the following for H.B. No. 2918: | |
| 4 | - | By: Smith C.S.H.B. No. 2918 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to the collection of certain judgments. | |
| 10 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | - | SECTION 1. Section 31.002, Civil Practice and Remedies | |
| 12 | - | Code, is amended by amending Subsection (f) and adding Subsections | |
| 13 | - | (i) and (j) to read as follows: | |
| 9 | + | SECTION 1. Sec. 31.002(f), Civil Practice and remedies code | |
| 10 | + | is amended to read as follows: | |
| 14 | 11 | (f) A court may not enter or enforce an order under this | |
| 15 | 12 | section that requires the turnover of the sales proceeds of, or the | |
| 16 | - | disbursement of, property exempt under any statute, including | |
| 13 | + | disbursement of, property exempt under any Texas statute, including | |
| 17 | 14 | Section 42.0021, Property Code. This subsection does not apply to | |
| 18 | 15 | the enforcement of a child support obligation or a judgment for past | |
| 19 | 16 | due child support. | |
| 20 | - | (i) If a judgment creditor has attempted to satisfy the | |
| 21 | - | judgment creditor's judgment and the final money judgment remains | |
| 22 | - | unsatisfied, the judgment creditor is entitled to a hearing on the | |
| 23 | - | judgment creditor's motion for the court's assistance under this | |
| 24 | - | section. If notice of the hearing is provided to the judgment | |
| 25 | - | debtor, the court shall appoint a receiver under Subsection (b)(3) | |
| 26 | - | to enforce the judgment unless the judgment debtor appears and | |
| 17 | + | SECTION 2. Sec. 31.002, Civil Practice and remedies code is | |
| 18 | + | amended by adding new subsections (i) and (j) to read as follows: | |
| 19 | + | (i) In addition to sections (a) and (b) above, if a | |
| 20 | + | judgement creditor has attempted to satisfy their judgement and the | |
| 21 | + | final money judgment remains unsatisfied, the judgment credit is | |
| 22 | + | entitled to a hearing on their application. If notice of the | |
| 23 | + | hearing is provided to the judgment debtor, the court shall appoint | |
| 24 | + | a receiver to enforce the judgment unless the defendant appears and | |
| 27 | 25 | asserts an applicable exemption. | |
| 28 | 26 | (j) A court may issue an order under this section without | |
| 29 | 27 | requiring the judgment creditor to prove the existence of specific | |
| 30 | 28 | property. | |
| 31 | - | SECTION | |
| 29 | + | SECTION 3. The change in law made by this Act applies to the | |
| 32 | 30 | collection of any judgment, regardless of whether the judgment was | |
| 33 | 31 | entered before, on, or after the effective date of this Act. | |
| 34 | - | SECTION | |
| 32 | + | SECTION 4. This Act takes effect September 1, 2021. |