87R21741 AJA-F
By: Schofield H.B. No. 2918
Substitute the following for H.B. No. 2918:
By: Smith C.S.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. Section 31.002, Civil Practice and Remedies
Code, is amended by amending Subsection (f) and adding Subsections
(i) and (j) 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 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.
(i) If a judgment creditor has attempted to satisfy the
judgment creditor's judgment and the final money judgment remains
unsatisfied, the judgment creditor is entitled to a hearing on the
judgment creditor's motion for the court's assistance under this
section. If notice of the hearing is provided to the judgment
debtor, the court shall appoint a receiver under Subsection (b)(3)
to enforce the judgment unless the judgment debtor 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 2. 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 3. This Act takes effect September 1, 2021.