Texas 2023 - 88th Regular

Texas House Bill HB3168 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26354 JES-F
2	2	By: Leach H.B. No. 3168
3	3	Substitute the following for H.B. No. 3168:
4	4	By: Schofield C.S.H.B. No. 3168
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the dormancy of certain judgments.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 34.001(a) and (b), Civil Practice and
12	12	Remedies Code, are amended to read as follows:
13	13	(a) If a writ of execution is not issued or a receiver is not
14	14	appointed under Section 31.002 within 10 years after the rendition
15	15	of a judgment of a court of record or a justice court, the judgment
16	16	is dormant and execution may not be issued on the judgment unless it
17	17	is revived.
18	18	(b) If a writ of execution is issued or a receiver is
19	19	appointed under Section 31.002 within 10 years after rendition of a
20	20	judgment but a second writ is not issued or a receiver is not
21	21	appointed within 10 years after issuance of the first writ or
22	22	appointment of that receiver, the judgment becomes dormant. A
23	23	second writ may be issued or receiver appointed at any time within
24	24	10 years after issuance of the first writ or receiver appointment.
25	25	SECTION 2. (a) The change in law made by this Act applies
26	26	only to a judgment that:
27	27	(1) is not dormant on the effective date of this Act;
28	28	and
29	29	(2) was entered before, on, or after the effective
30	30	date of this Act.
31	31	(b) A judgment that is dormant on the effective date of this
32	32	Act is governed by the law applicable to the judgment immediately
33	33	before the effective date of this Act, and that law is continued in
34	34	effect for that purpose.
35	35	SECTION 3. This Act takes effect September 1, 2023.