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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of certain judgments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.002, Civil Practice and Remedies |
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Code, is amended by amending Subsection (f) and adding Subsections |
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(i) and (j) to read as follows: |
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(f) A court may not enter or enforce an order under this |
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section that requires the turnover of a paycheck or the sales |
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proceeds of, or the disbursement of, property exempt under any |
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statute, including Section 42.0021, Property Code. This subsection |
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does not apply to the enforcement of a child support obligation or a |
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judgment for past due child support. |
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(i) If a final money judgment remains unsatisfied in justice |
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court for longer than six months, a judgment creditor is entitled to |
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a hearing on the judgment creditor's motion for the court's |
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assistance under this section. If notice of the hearing is provided |
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to the judgment debtor, the court shall appoint a receiver under |
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Subsection (b)(3) to enforce the judgment unless the judgment |
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debtor appears and contests the appointment. |
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(j) A court may issue an order under this section that |
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requires the turnover of all nonexempt property of the judgment |
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debtor without requiring the judgment creditor to prove the |
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existence of specific property owned by the judgment debtor. |
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SECTION 2. The change in law made by this Act applies to the |
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collection of any judgment, regardless of whether the judgment was |
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entered before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |