HBA-DMH H.B. 381 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 381
By: Berman
Civil Practices
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Provisions regarding the collection of a judgment through the use of court
proceeding, commonly referred to as the Turnover Statute, are specifically
designed to aid a judgment creditor whose judgment debtor owns nonexempt
property that cannot readily be attached or levied upon by ordinary legal
process.  This statute provides for the appointment of a receiver with the
authority given by the court to take possession of and sell nonexempt
property and pay the proceeds to the judgment creditor to the extent
required to satisfy the judgment.  There are several lawful exemptions in
place that allow individuals to avoid payment of a similar judgment.  House
Bill 381 authorizes a court to enter or enforce an order related to the
collection of judgment through certain court proceedings. 

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. 

ANALYSIS

House Bill 381 amends the Civil Practice and Remedies Code to authorize a
court to enter or enforce an order related to the collection of judgement
through a court proceeding that requires the turnover of the proceeds of,
or the disbursement of, property exempt under any statute other than the
statute related to additional exemption for retirement plans.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.