HBA-SEB H.B. 331 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 331
By: Berman
Civil Practices
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

In 1985, the Texas Legislature enacted Section 31.002, Penal Code, also
known as the Turnover Statute, to prohibit a court from ordering the
turnover of any exempt property when enforcing a judgment.  Following a
series of judgments ordering debtors to turn over portions of paychecks as
they received them, the legislature put Section 31.002(f) into effect in
1989 which prohibits the turnover of proceeds of exempt property.  The
legislature later established Section 31.0025 which specifically prohibits
the turnover of wages in any form, rendering Section 31.002(f) largely
redundant.  The enforcement of judgments in this state may be more
difficult due to an additional tracing requirement on the judgments.  H.B.
331 repeals Section 31.002(f) of the Penal Code in order to clarify this
matter.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Repealer:  Section 31.002(f), Civil Practice and Remedies Code
(Collection of Judgment Through Court Proceeding).  Section 31.002(f)
currently prohibits a court from entering or enforcing an order that
requires the turnover of the proceeds or disbursement of specified exempted
property, with the exception of a case involving the enforcement of a child
support obligation.    

SECTION 2.  Establishes that this Act applies to the collection of any
judgment, regardless of whether the judgment is rendered before, on, or
after the effective date of this Act. 

SECTION 3.  Emergency clause.
            Effective date: upon passage.