Bill Text: TX HB2918 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the collection of certain judgments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB2918 Detail]
Download: Texas-2021-HB2918-Comm_Sub.html
87R21741 AJA-F | |||
By: Schofield | H.B. No. 2918 | ||
Substitute the following for H.B. No. 2918: | |||
By: Smith | C.S.H.B. No. 2918 |
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relating to the collection of certain judgments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.002, Civil Practice and Remedies | ||
Code, is amended by amending Subsection (f) and adding Subsections | ||
(i) and (j) to read as follows: | ||
(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 apply to | ||
the enforcement of a child support obligation or a judgment for past | ||
due child support. | ||
(i) If a judgment creditor has attempted to satisfy the | ||
judgment creditor's judgment and the final money judgment remains | ||
unsatisfied, the judgment creditor is entitled to a hearing on the | ||
judgment creditor's motion for the court's assistance under this | ||
section. If notice of the hearing is provided to the judgment | ||
debtor, the court shall appoint a receiver under Subsection (b)(3) | ||
to enforce the judgment unless the judgment debtor appears and | ||
asserts an applicable exemption. | ||
(j) A court may issue an order under this section without | ||
requiring the judgment creditor to prove the existence of specific | ||
property. | ||
SECTION 2. The change in law made by this Act applies to the | ||
collection of any judgment, regardless of whether the judgment was | ||
entered before, on, or after the effective date of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |