Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2919 by Schofield (relating to the dormancy of certain judgements.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
The bill would amend the Civil Practice and Remedies Code to provide that if a writ is not issued or a receiver is not appointed within 10 years after the rendition of a judgment from a court of record or a justice court, the judgment is dormant and execution cannot be issued on the judgment unless it is revived.
The bill would provide that if a writ is issued or a receiver appointed within 10 years after rendition of a judgment but a subsequent writ or receiver is not issued within 10 years after issuance of the previous writ, the judgment becomes dormant. The bill would provide that subsequent writs or receiver appointments may be issued at any time within 10 years after issuance of the previous writ or appointment of a receiver.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.