Bill Text: TX HB3168 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the dormancy of certain judgments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-09 - Committee report sent to Calendars [HB3168 Detail]
Download: Texas-2023-HB3168-Comm_Sub.html
88R26354 JES-F | |||
By: Leach | H.B. No. 3168 | ||
Substitute the following for H.B. No. 3168: | |||
By: Schofield | C.S.H.B. No. 3168 |
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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 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 appointed at any time within | ||
10 years after issuance of the first writ or receiver appointment. | ||
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. |