1-1                                   AN ACT
 1-2     relating to compliance by financial institutions with requests
 1-3     relating to judgment debtors.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 31, Civil Practice and Remedies Code, is
 1-6     amended by adding Section 31.010 to read as follows:
 1-7           Sec. 31.010.  TURNOVER BY FINANCIAL INSTITUTION.  (a)  A
 1-8     financial institution that receives a request to turn over assets
 1-9     or financial information of a judgment debtor to a judgment
1-10     creditor or a receiver under a turnover order or receivership under
1-11     Section 31.002 shall be provided and may rely on:
1-12                 (1)  a certified copy of the order or injunction of the
1-13     court; or
1-14                 (2)  a certified copy of the order of appointment of a
1-15     receiver under Section 64.001, including a certified copy of:
1-16                       (A)  any document establishing the qualification
1-17     of the receiver under Section 64.021;
1-18                       (B)  the sworn affidavit under Section 64.022;
1-19     and
1-20                       (C)  the bond under Section 64.023.
1-21           (b)  A financial institution that complies with this section
1-22     is not liable for compliance with a court order, injunction, or
1-23     receivership authorized by Section 31.002 to:
1-24                 (1)  the judgment debtor;
 2-1                 (2)  a party claiming through the judgment debtor;
 2-2                 (3)  a co-depositor with the judgment debtor; or
 2-3                 (4)  a co-borrower with the judgment debtor.
 2-4           (c)  A financial institution that complies with this section
 2-5     is entitled to recover reasonable costs, including copying costs,
 2-6     research costs, and, if there is a contest, reasonable attorney's
 2-7     fees.
 2-8           (d)  In this section, "financial institution" means a state
 2-9     or national bank, state or federal savings and loan association,
2-10     state or federal savings bank, state or federal credit union,
2-11     foreign bank, foreign bank agency, or trust company.
2-12           SECTION 2.  This Act takes effect September 1, 1999, and
2-13     applies only to a court order, injunction, or receivership entered
2-14     or authorized on or after that date.
2-15           SECTION 3.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2101 was passed by the House on May
         11, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2101 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor