By Edwards                                            H.B. No. 2934
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to garnishment of wages for the collection of certain
    1-3  civil judgments.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle C, Title 2, Labor Code, is amended by
    1-6  adding Chapter 65 to read as follows:
    1-7                   CHAPTER 65.  GARNISHMENT OF WAGES
    1-8        Sec. 65.001.  GARNISHMENT LIMITED.  Wages may be garnished in
    1-9  this state only for a purpose authorized under Section 28, Article
   1-10  XVI, Texas Constitution.
   1-11        Sec. 65.002.  GARNISHMENT FOR COLLECTION OF CIVIL JUDGMENT.
   1-12  If a person prevails in a civil action brought by the person
   1-13  against another and receives a judgment, and the judgment debtor
   1-14  does not pay in full the amount of the judgment entered by the
   1-15  court not later than the 60th day after the date of the judgment,
   1-16  the prevailing party may file a motion for an involuntary
   1-17  assignment of the judgment debtor's earnings.  The court retains
   1-18  jurisdiction for purposes of the motion.
   1-19        (b)  The court may order an involuntary assignment of the
   1-20  judgment debtor's earnings on proper motion, notice to all parties,
   1-21  and a hearing.  The assignment shall continue in effect until the
   1-22  amount of the judgment is paid in full.
   1-23        SECTION 2.  (a)  Except as provided by Subsection (b) of this
    2-1  section, this Act takes effect September 1, 1995, and applies only
    2-2  to recovery of a judgment awarded in a civil action on or after
    2-3  that date.  Recovery of a judgment awarded before that date is
    2-4  governed by the law in effect on the date that the judgment was
    2-5  awarded, and the former law is continued in effect for that
    2-6  purpose.
    2-7        (b)  Section 65.002, Labor Code, as added by this Act, takes
    2-8  effect, contingent on adoption by the voters of the constitutional
    2-9  amendment proposed by ___J.R. No.___, 74th Legislature, Regular
   2-10  Session, 1995, on the date that the amendment takes effect.  If
   2-11  that amendment is not approved by the voters, Section 65.002, Labor
   2-12  Code, does not take effect.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.