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.