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A BILL TO BE ENTITLED
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AN ACT
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relating to the dormancy of certain judgments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 34.001(a) and (b), Civil Practice and |
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Remedies Code, are amended to read as follows: |
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(a) If a writ of execution is not issued or a receiver is not |
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appointed under Section 31.002 within 10 years after the rendition |
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of a judgment of a court of record or a justice court, the judgment |
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is dormant and execution may not be issued on the judgment unless it |
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is revived. |
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(b) If a writ of execution is issued or a receiver is |
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appointed under Section 31.002 within 10 years after rendition of a |
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judgment but a subsequent [second] writ is not issued or a |
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subsequent receiver is not appointed within 10 years after issuance |
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of that [the first] writ or appointment of that receiver, the |
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judgment becomes dormant. A subsequent [second] writ may be issued |
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or subsequent receiver appointed at any time within 10 years after |
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issuance of the previous [first] writ or appointment of the |
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previous receiver. |
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SECTION 2. (a) The change in law made by this Act applies |
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only to a judgment that: |
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(1) is not dormant on the effective date of this Act; |
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and |
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(2) was entered before, on, or after the effective |
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date of this Act. |
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(b) A judgment that is dormant on the effective date of this |
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Act is governed by the law applicable to the judgment immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |