SB3009 - Relating to the collection or execution of certain judgments; authorizing fees.

      By: Parker S.B. No. 3009               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), (d-1), and (e-1) and   amending Subsections (f) and (h) to read as follows:           (b-1)     Additionally, if a judgment creditor is unable to   obtain satisfaction on a judgment of a justice court within six   months after such judgment was rendered and application for the   appointment of a receiver has been made by the judgment creditor,   the court must either grant said application on submission or set   the application for hearing, with notice provided by the court to   all parties at least fourteen days prior to the hearing. At the   hearing, the court shall appoint a receiver unless the judgment   debtor contests the application.           (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.  Sections 31.002 and 31.010, Civil Practice and   Remedies Code, as amended by this Act, apply 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.