| 1 | 1 | | By: Parker S.B. No. 3009 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the collection or execution of certain judgments; |
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| 9 | 9 | | authorizing fees. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 31.002, Civil Practice and Remedies |
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| 12 | 12 | | Code, is amended by adding Subsections (b-1), (d-1), and (e-1) and |
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| 13 | 13 | | amending Subsections (f) and (h) to read as follows: |
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| 14 | 14 | | (b-1) Additionally, if a judgment creditor is unable to |
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| 15 | 15 | | obtain satisfaction on a judgment of a justice court within six |
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| 16 | 16 | | months after such judgment was rendered and application for the |
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| 17 | 17 | | appointment of a receiver has been made by the judgment creditor, |
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| 18 | 18 | | the court must either grant said application on submission or set |
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| 19 | 19 | | the application for hearing, with notice provided by the court to |
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| 20 | 20 | | all parties at least fourteen days prior to the hearing. At the |
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| 21 | 21 | | hearing, the court shall appoint a receiver unless the judgment |
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| 22 | 22 | | debtor contests the application. |
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| 23 | 23 | | (d-1) A justice court may charge a fee for a motion for the |
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| 24 | 24 | | court's assistance under this section not to exceed $25. |
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| 25 | 25 | | (e-1) If an order entered under this section is for the |
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| 26 | 26 | | enforcement of a child support obligation or a judgment for past due |
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| 27 | 27 | | child support, any costs recoverable under this section, including |
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| 28 | 28 | | the fee of a receiver appointed under Subsection (b)(3), may be |
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| 29 | 29 | | enforced by any means available for the enforcement of the child |
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| 30 | 30 | | support obligation or judgment for past due child support. |
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| 31 | 31 | | (f) A court may not enter or enforce an order under this |
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| 32 | 32 | | section that requires the turnover of the sales proceeds of, or the |
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| 33 | 33 | | disbursement of, property exempt under any statute, including |
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| 34 | 34 | | Section 42.0021, Property Code. This subsection does not: |
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| 35 | 35 | | (1) apply to the enforcement of a child support |
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| 36 | 36 | | obligation or a judgment for past due child support; or |
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| 37 | 37 | | (2) prohibit the turnover of nonexempt property |
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| 38 | 38 | | subject to garnishment. |
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| 39 | 39 | | (h) A court may enter or enforce an order under this section |
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| 40 | 40 | | that requires the turnover of nonexempt property without: |
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| 41 | 41 | | (1) identifying in the order the specific property |
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| 42 | 42 | | subject to turnover; or |
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| 43 | 43 | | (2) requiring a judgment creditor to prove the |
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| 44 | 44 | | existence of specific property subject to turnover. |
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| 45 | 45 | | SECTION 2. Sections 34.001 (a) and (b), Civil Practice and |
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| 46 | 46 | | Remedies Code, are amended to read as follows: |
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| 47 | 47 | | (a) If a writ of execution is not issued or a receiver is not |
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| 48 | 48 | | appointed under Section 31.002 within 10 years after the rendition |
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| 49 | 49 | | of a judgment of a court of record or a justice court, the judgment |
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| 50 | 50 | | is dormant and execution may not be issued on the judgment unless it |
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| 51 | 51 | | is revived. |
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| 52 | 52 | | (b) If a writ of execution is issued or a receiver is |
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| 53 | 53 | | appointed under Section 31.002 within 10 years after rendition of a |
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| 54 | 54 | | judgment but a second writ is not issued or a receiver is not |
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| 55 | 55 | | appointed within 10 years after issuance of the first writ or |
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| 56 | 56 | | appointment of that receiver, the judgment becomes dormant. A |
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| 57 | 57 | | second writ may be issued or receiver may be appointed at any time |
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| 58 | 58 | | within 10 years after issuance of the first writ or receiver |
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| 59 | 59 | | appointment. |
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| 60 | 60 | | SECTION 3. Sections 31.002 and 31.010, Civil Practice and |
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| 61 | 61 | | Remedies Code, as amended by this Act, apply to the collection of |
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| 62 | 62 | | any judgment, regardless of whether the judgment was entered |
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| 63 | 63 | | before, on, or after the effective date of this Act. |
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| 64 | 64 | | SECTION 4. (a) Section 34.001, Civil Practice and Remedies |
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| 65 | 65 | | Code, as amended by this Act, applies only to a judgment that: |
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| 66 | 66 | | (1) is not dormant on the effective date of this |
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| 67 | 67 | | Act; and |
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| 68 | 68 | | (2) was entered before, on, or after the |
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| 69 | 69 | | effective date of this Act. |
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| 70 | 70 | | (b) A judgment that is dormant on the effective date of this |
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| 71 | 71 | | Act is governed by the law applicable to the judgment immediately |
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| 72 | 72 | | before the effective date of this Act, and that law is continued in |
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| 73 | 73 | | effect for that purpose. |
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| 74 | 74 | | SECTION 5. This Act takes effect September 1, 2025. |
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