H.B. 791 78(R) BILL ANALYSIS H.B. 791 By: Nixon Civil Practices Committee Report (Unamended) BACKGROUND AND PURPOSE Section 31.002, Texas Civil Practice & Remedies Code, is a postjudgment remedy enacted to shift the burden of disclosure of assets from the judgment-creditor to the judgment-debtor. Two lower court decisions appear to require property subject to turnover to a court appointed receiver to be specifically identified by the creditor in the application for a turnover order. The rulings make the turnover procedure ineffective in that the debtor is advised in the turnover application what property the receiver intends to take possession of and gives the debtor an opportunity to dispose of the property even before a receiver can be appointed. Further, in the event specific assets are unknown at the time of the application to the court, a creditor would be precluded from utilizing the statute. HB 791 clarifies that a court is not required to identify the specific nonexempt property subject to turnover in an order under this section. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS HB 791 amends Section 31.002, Civil Practice and Remedies Code, by adding Subsection (h) to clarify that a court may enter or enforce an order under this section that requires the turnover of nonexempt property without identifying the specific property subject to turnover. EFFECTIVE DATE Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2003.