HB5009 - Relating to the collection or execution of certain judgments; authorizing fees.

  89R26591 AMF-F     By: Hayes H.B. No. 5009     Substitute the following for H.B. No. 5009:     By:  Landgraf C.S.H.B. No. 5009       A BILL TO BE ENTITLED   AN ACT   relating to the collection or execution of certain judgments;   authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.002, Civil Practice and Remedies   Code, is amended by adding Subsections (b-1), (b-2), (d-1), and   (e-1) and amending Subsections (f) and (h) to read as follows:           (b-1)     If a judgment creditor is unable to obtain   satisfaction on the judgment of a justice court within six months   from the date the judgment is signed, the creditor may submit an   application for the appointment of a receiver under Subsection   (b)(3) to the court. Upon receipt of the application, the court   shall:                 (1)  grant the application; or                 (2)  set the application for a hearing.           (b-2)     Notice of a hearing under Subsection (b-1)(2) must be   served on all parties not later than the 14th day before the date of   the hearing.   The court shall appoint a receiver at the hearing   unless the judgment debtor contests the application. The court is   not required to appoint as receiver under this subsection the   receiver proposed by the creditor.           (d-1)     A justice court may charge a fee for a motion for the   court's assistance under this section not to exceed $25.           (e-1)     If an order entered under this section is for the   enforcement of a child support obligation or a judgment for past due   child support, any costs recoverable under this section, including   the fee of a receiver appointed under Subsection (b)(3), may be   enforced by any means available for the enforcement of the child   support obligation or judgment for past due child support.          (f)  A court may not enter or enforce an order under this   section that requires the turnover of the sales proceeds of, or the   disbursement of, property exempt under any statute, including   Section 42.0021, Property Code. This subsection does not :                 (1)   apply to the enforcement of a child support   obligation or a judgment for past due child support ; or                 (2)     prohibit the turnover of nonexempt property   subject to garnishment .          (h)  A court may enter or enforce an order under this section   that requires the turnover of nonexempt property without :                 (1)   identifying in the order the specific property   subject to turnover ; or                 (2)     requiring a judgment creditor to prove the   existence of specific property subject to turnover .          SECTION 2.  Sections 34.001(a) and (b), Civil Practice and   Remedies Code, are amended to read as follows:          (a)  If a writ of execution is not issued or a receiver is not   appointed under Section 31.002 within 10 years after the rendition   of a judgment of a court of record or a justice court, the judgment   is dormant and execution may not be issued on the judgment unless it   is revived.          (b)  If a writ of execution is issued or a receiver is   appointed under Section 31.002 within 10 years after rendition of a   judgment but a second writ is not issued or a receiver is not   appointed within 10 years after issuance of the first writ or   appointment of that receiver , the judgment becomes dormant. A   second writ may be issued or receiver may be appointed at any time   within 10 years after issuance of the first writ or receiver   appointment .          SECTION 3.  Section 31.002, Civil Practice and Remedies   Code, as amended by this Act, applies to the collection of any   judgment, regardless of whether the judgment was entered before,   on, or after the effective date of this Act.          SECTION 4.  (a)  Section 34.001, Civil Practice and Remedies   Code, as amended by this Act, applies only to a judgment that:                (1)  is not dormant on the effective date of this Act;   and                (2)  was entered before, on, or after the effective   date of this Act.          (b)  A judgment that is dormant on the effective date of this   Act is governed by the law applicable to the judgment immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2025.