Texas 2021 87th Regular

Texas House Bill HB2919 Analysis / Analysis

Filed 04/27/2021

                    BILL ANALYSIS             C.S.H.B. 2919     By: Schofield     Judiciary & Civil Jurisprudence     Committee Report (Substituted)             BACKGROUND AND PURPOSE    Under current law, only writs of execution are specifically listed as being able to renew judgments. However, writs of execution are rarely warranted given Texas' expansive real and personal property exemptions and require judgment creditors to expend significant resources to ensure that their judgment remains enforceable. C.S.H.B. 2919 seeks to provide clear and simple alternatives for judgment renewal.        CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    C.S.H.B. 2919 amends the Civil Practice and Remedies Code to authorize a judgment of a court of record or a justice court to be renewed if a receiver is appointed for purposes of collecting the judgment within 10 years after rendition of the judgment or a subsequent receiver is appointed within 10 years after the appointment of the previous receiver.        EFFECTIVE DATE    September 1, 2021.       COMPARISON OF ORIGINAL AND SUBSTITUTE   C.S.H.B. 2919 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.                        

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

C.S.H.B. 2919
By: Schofield
Judiciary & Civil Jurisprudence
Committee Report (Substituted)

C.S.H.B. 2919

By: Schofield

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE    Under current law, only writs of execution are specifically listed as being able to renew judgments. However, writs of execution are rarely warranted given Texas' expansive real and personal property exemptions and require judgment creditors to expend significant resources to ensure that their judgment remains enforceable. C.S.H.B. 2919 seeks to provide clear and simple alternatives for judgment renewal.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    C.S.H.B. 2919 amends the Civil Practice and Remedies Code to authorize a judgment of a court of record or a justice court to be renewed if a receiver is appointed for purposes of collecting the judgment within 10 years after rendition of the judgment or a subsequent receiver is appointed within 10 years after the appointment of the previous receiver.
EFFECTIVE DATE    September 1, 2021.
COMPARISON OF ORIGINAL AND SUBSTITUTE   C.S.H.B. 2919 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.

BACKGROUND AND PURPOSE 

 

Under current law, only writs of execution are specifically listed as being able to renew judgments. However, writs of execution are rarely warranted given Texas' expansive real and personal property exemptions and require judgment creditors to expend significant resources to ensure that their judgment remains enforceable. C.S.H.B. 2919 seeks to provide clear and simple alternatives for judgment renewal. 

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

C.S.H.B. 2919 amends the Civil Practice and Remedies Code to authorize a judgment of a court of record or a justice court to be renewed if a receiver is appointed for purposes of collecting the judgment within 10 years after rendition of the judgment or a subsequent receiver is appointed within 10 years after the appointment of the previous receiver. 

 

EFFECTIVE DATE 

 

September 1, 2021.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

C.S.H.B. 2919 differs from the original in minor or nonsubstantive ways by conforming to certain bill drafting conventions.