Parker Bill Lets Small-Claims Winners Get A Receiver After Six Months

The text as introduced · 647 words

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.