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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. Sec. 31.002(f), Civil Practice and remedies code |
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is amended 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 Texas 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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SECTION 2. Sec. 31.002, Civil Practice and remedies code is |
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amended by adding new subsections (i) and (j) to read as follows: |
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(i) In addition to sections (a) and (b) above, if a |
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judgement creditor has attempted to satisfy their judgement and the |
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final money judgment remains unsatisfied, the judgment credit is |
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entitled to a hearing on their application. If notice of the |
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hearing is provided to the judgment debtor, the court shall appoint |
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a receiver to enforce the judgment unless the defendant 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 3. 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 4. This Act takes effect September 1, 2021. |