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.