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.