SRC-JJJ S.B. 1745 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1745
By: Jackson
Jurisprudence
4/19/1999
Committee Report (Amended)


DIGEST 

Currently, Chapter 63, Civil Practice and Remedies Code, governs the
procedures for garnishment in the enforcement of a judgment.  If a writ of
garnishment is served upon a garnishee and the garnishee does not answer, a
default judgment may be entered against the garnishee, making the garnishee
liable for the whole amount of the original judgment against the defendant.
S.B. 1745 would establish provisions regarding the garnishment of an
account. 

PURPOSE

As proposed, S.B. 1745 establishes provisions regarding the garnishment of
an account. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 63, Civil Practice and Remedies Code, by adding
Section 63.007, as follows: 

Sec. 63.007.  GARNISHMENT OF ACCOUNT.  Prohibits the amount of any judgment
entered against a garnishee from exceeding the total value of the assets
located in the account on the date of service together with any amounts
added to the account through the date of the judgment, in an action in
which the garnishee is a financial institution or securities brokerage
firm. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.
             Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 63.007, Civil Practices and Remedies Code, to prohibit the
amount of any judgment  entered against the garnishee from exceeding the
amount  located in the account on the date of service.