BILL ANALYSIS



H.B. 2370
By: Junell
4-17-95
Committee Report (Amended)


BACKGROUND

Currently, there is a conflict between Section 31.006 and Section
34.001 of the Texas Civil Practice and Remedies Code.  Section
31.006 indicates that if a person fails to get an execution on a
judgment within 12 months of the date of rendition of the judgment,
the judgment becomes dormant.  Section 34.001 provides 10 years to
get a writ of execution before the judgment becomes dormant. 
Historically, 34.001 has controlled.

PURPOSE

This bill will remove the discrepancy between Sections 31.006 and
34.001 of the Texas Civil Practice and Remedies Code.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION-BY-SECTION ANALYSIS

SECTION 1.  Amends Section 31.006, Civil Practices and Remedies
Code, to allow a dormant judgment to be revived not later than the
second anniversary of the date the judgment becomes dormant.

SECTION 2.  Effective Date - September 1, 1995. Applies only to an
action to revive a judgment brought on or after December 1, 1996. 
An action brought before December 1, 1996, is governed by the law
in effect at the time the action was brought.

SECTION 3.  Emergency Clause.

SUMMARY OF COMMITTEE ACTION

House Bill 2370 was considered by the Committee on Civil Practices
in a public hearing on March 29, 1995. The following individuals
testified in support of the bill: Jonathan R. Davis, attorney,
representing himself; Randy M. Lee, representing himself, Stewart
Title and the Texas Land Association. No one testified in
opposition to or neutrally on the bill. The bill was left pending.
H.B. 2370 was considered by the Committee on Civil Practices in a
public hearing on April 12, 1995. The committee considered one
amendment to the bill, which was adopted without objection. The
bill was reported favorably as amended with the recommendation that
it do pass and be printed, by a record vote of six ayes, zero nays,
zero pnv and three absent.

EXPLANATION OF COMMITTEE AMENDMENT

In SECTION 1, substitutes "second" for "fourth" as the cut-off
anniversary date for when a judgment may be revived by scire facias
or by an action of debt.