By: Hayes H.B. No. 5009
A BILL TO BE ENTITLED
AN ACT
relating to the collection or execution of certain judgments;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.002, Civil Practice and Remedies
Code, is amended by adding Subsections (b-1), (d-1), and (e-1) and
amending Subsections (f) and (h) to read as follows:
(b-1) Additionally, if a judgment creditor is unable to
obtain satisfaction on a judgment of a justice court within six
months after such judgment was rendered and application for the
appointment of a receiver has been made by the judgment creditor,
the court must either grant said application on submission or set
the application for hearing, with notice provided by the court to
all parties at least fourteen days prior to the hearing. At the
hearing, the court shall appoint a receiver unless the judgment
debtor contests the application.
(d-1) A justice court may charge a fee for a motion for the
court's assistance under this section not to exceed $25.
(e-1) If an order entered under this section is for the
enforcement of a child support obligation or a judgment for past due
child support, any costs recoverable under this section, including
the fee of a receiver appointed under Subsection (b)(3), may be
enforced by any means available for the enforcement of the child
support obligation or judgment for past due child support.
(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:
(1) apply to the enforcement of a child support
obligation or a judgment for past due child support; or
(2) prohibit the turnover of nonexempt property
subject to garnishment.
(h) A court may enter or enforce an order under this section
that requires the turnover of nonexempt property without:
(1) identifying in the order the specific property
subject to turnover; or
(2) requiring a judgment creditor to prove the
existence of specific property subject to turnover.
SECTION 2. 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 second writ is not issued or a receiver is not
appointed within 10 years after issuance of the first writ or
appointment of that receiver, the judgment becomes dormant. A
second writ may be issued or receiver may be appointed at any time
within 10 years after issuance of the first writ or receiver
appointment.
SECTION 3. Sections 31.002 and 31.010, Civil Practice and
Remedies Code, as amended by this Act, apply to the collection of
any judgment, regardless of whether the judgment was entered
before, on, or after the effective date of this Act.
SECTION 4. (a) Section 34.001, Civil Practice and Remedies
Code, as amended 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 5. This Act takes effect September 1, 2025.