BILL ANALYSIS

S.B. 2364

By: Hughes

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There have been reports of differing interpretations of the law relating to the collection of a judgment through court proceedings with regard to whether a justice court is a court of appropriate jurisdiction for this purpose. S.B. 2364 seeks to clarify this issue by specifying that a judgment creditor is entitled to certain aid from a justice court in collecting a judgment.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

S.B. 2364 amends the Civil Practice and Remedies Code to include a justice court among the courts of appropriate jurisdiction from which a judgment creditor is entitled to receive aid through injunction or other means in order to reach property to obtain satisfaction on the judgment if the judgment debtor owns applicable nonexempt property. The bill applies to the collection of any judgment, regardless of whether the judgment was entered before, on, or after the bill's effective date.

EFFECTIVE DATE

September 1, 2019.