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RULES OF CIVIL PROCEDURE. 2-2 Notwithstanding Section 22.004, Government Code, this chapter may 2-3 not be modified or repealed by a rule adopted by the supreme court. 2-4 SECTION 2.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.