88R10426 JES-F
By: Leach H.B. No. 3168
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, 2023.