By:  Dutton                                           H.B. No. 1111
       73R4543 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to default judgments entered by justice courts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle C, Title 2, Civil Practice and Remedies
    1-5  Code, is amended by adding Chapter 40 to read as follows:
    1-6       CHAPTER 40.  DEFAULT JUDGMENTS ENTERED BY JUSTICE COURTS
    1-7        Sec. 40.001.  CERTAIN JUDGMENTS VOID.  (a)  A default
    1-8  judgment entered against a party by a justice court as a result of
    1-9  the party not attending a hearing is void if the party received
   1-10  notice of the hearing in a manner other than by:
   1-11              (1)  personal delivery of the notice; or
   1-12              (2)  receipt of the notice by registered or certified
   1-13  mail, return receipt requested, as evidenced by the party's
   1-14  signature on the receipt.
   1-15        (b)  Service of notice as required by this section must be
   1-16  made in the manner required by law.
   1-17        Sec. 40.002.  CONSTRUCTIVE KNOWLEDGE INAPPLICABLE.  For the
   1-18  purposes of this chapter, knowledge of a hearing by a party may not
   1-19  be established, other than as provided by Section 40.001, by
   1-20  inference from any event or circumstance.
   1-21        Sec. 40.003.  CHAPTER NOT EXCLUSIVE GROUNDS FOR HOLDING
   1-22  JUDGMENT VOID.  A default judgment entered against a party by a
   1-23  justice court as a result of the party not attending a hearing may
   1-24  be held void on grounds other than this chapter.
    2-1        Sec. 40.004.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
    2-2  Notwithstanding Section 22.004, Government Code, this chapter may
    2-3  not be modified or repealed by a rule adopted by the supreme court.
    2-4        SECTION 2.  This Act takes effect September 1, 1993, and
    2-5  applies to a proceeding in which a judgment is entered on or after
    2-6  that date, without regard to whether the proceeding began on,
    2-7  after, or before that date.  A proceeding in which a judgment is
    2-8  entered before the effective date of this Act is governed by the
    2-9  law in effect at the time the judgment was entered and that law is
   2-10  continued in effect for that purpose.
   2-11        SECTION 3.  The importance of this legislation and the
   2-12  crowded condition of the calendars in both houses create an
   2-13  emergency and an imperative public necessity that the
   2-14  constitutional rule requiring bills to be read on three several
   2-15  days in each house be suspended, and this rule is hereby suspended.