BILL ANALYSIS H.B. 2370 By: Junell (Cain) Jurisprudence 5-25-95 Senate Committee Report (Unamended) BACKGROUND A conflict exists 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, Section 34.001 has controlled. PURPOSE As proposed, H.B. 2370 removes 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 grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.006, Civil Practice and Remedies Code, to authorize a dormant judgment to be revived by scire facias or by an action of debt brought by the second anniversary of the date that the judgment becomes dormant, rather than authorizing a judgment to be revived if execution has not issued within 12 months after the date of the rendition of a judgment by scire facias or by an action of debt brought not later than 10 years after the date of the rendition of the judgment. SECTION 2. Effective date: September 1, 1995. Makes application of this Act prospective beginning December 1, 1996. SECTION 3. Emergency clause.