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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of certain judgments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (f) and adding Subsections |
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(i) and (j) to read as follows: |
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(f) A court may not enter or enforce an order under this |
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section that requires the turnover of the sales proceeds of, or the |
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disbursement of, property exempt under any statute, including |
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Section 42.0021, Property Code. This subsection does not apply to |
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the enforcement of a child support obligation or a judgment for past |
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due child support. |
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(i) If a judgment creditor has attempted to satisfy the |
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judgment creditor's judgment and the final money judgment remains |
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unsatisfied, the judgment creditor is entitled to a hearing on the |
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judgment creditor's motion for the court's assistance under this |
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section. If notice of the hearing is provided to the judgment |
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debtor, the court shall appoint a receiver under Subsection (b)(3) |
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to enforce the judgment unless the judgment debtor appears and |
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asserts an applicable exemption. |
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(j) A court may issue an order under this section without |
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requiring the judgment creditor to prove the existence of specific |
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property. |
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SECTION 2. The change in law made by this Act applies to the |
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collection of any judgment, regardless of whether the judgment was |
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entered before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |