Texas 2021 - 87th Regular

Texas House Bill HB2919 Latest Draft

Bill / Comm Sub Version Filed 04/27/2021

                            87R18510 JES-F
 By: Schofield H.B. No. 2919
 Substitute the following for H.B. No. 2919:
 By:  Leach C.S.H.B. No. 2919


 A BILL TO BE ENTITLED
 AN ACT
 relating to the dormancy of certain judgments.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 34.001(a) and (b), Civil Practice and
 Remedies Code, are amended to read as follows:
 (a)  If a writ of execution is not issued or a receiver is not
 appointed under Section 31.002 within 10 years after the rendition
 of a judgment of a court of record or a justice court, the judgment
 is dormant and execution may not be issued on the judgment unless it
 is revived.
 (b)  If a writ of execution is issued or a receiver is
 appointed under Section 31.002 within 10 years after rendition of a
 judgment but a subsequent [second] writ is not issued or a
 subsequent receiver is not appointed within 10 years after issuance
 of that [the first] writ or appointment of that receiver, the
 judgment becomes dormant. A subsequent [second] writ may be issued
 or subsequent receiver appointed at any time within 10 years after
 issuance of the previous [first] writ or appointment of the
 previous receiver.
 SECTION 2.  (a)  The change in law made by this Act applies
 only to a judgment that:
 (1)  is not dormant on the effective date of this Act;
 and
 (2)  was entered before, on, or after the effective
 date of this Act.
 (b)  A judgment that is dormant on the effective date of this
 Act is governed by the law applicable to the judgment immediately
 before the effective date of this Act, and that law is continued in
 effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2021.