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

89(R) HB 5009 - House Committee Report version - Bill Text

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.