Bill Text: TX HB4381 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the suspension of a money judgment pending appeal in a civil action.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB4381 Detail]
Download: Texas-2023-HB4381-Enrolled.html
| H.B. No. 4381 | ||
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| relating to the suspension of a money judgment pending appeal in a | ||
| civil action. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 52, Civil Practice and Remedies Code, is | ||
| amended by adding Section 52.007 to read as follows: | ||
| Sec. 52.007. ALTERNATIVE SECURITY IN CERTAIN CASES. (a) | ||
| This section applies only to a judgment debtor with a net worth of | ||
| less than $10 million. | ||
| (b) On a showing by the judgment debtor that posting | ||
| security in the amount required under Section 52.006(a) or (b) | ||
| would require the judgment debtor to substantially liquidate the | ||
| judgment debtor's interests in real or personal property necessary | ||
| to the normal course of the judgment debtor's business, the trial | ||
| court shall allow the judgment debtor to post alternative security | ||
| with a value sufficient to secure the judgment. | ||
| (c) During an appeal, the judgment debtor shall continue to | ||
| manage, use, and receive earnings from interests in real or | ||
| personal property in the normal course of business. | ||
| (d) If an appellate court reduces the amount of the judgment | ||
| that the trial court used to set security, the judgment debtor is | ||
| entitled, pending appeal of the judgment to a court of last resort, | ||
| to a redetermination of the amount of security required to suspend | ||
| enforcement of a judgment under Section 52.006 or under Rule 24, | ||
| Texas Rules of Appellate Procedure. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a civil action commenced on or after the effective date of this | ||
| Act. A civil action commenced before the effective date of this Act | ||
| is governed by the law in effect immediately before the effective | ||
| date of this Act, and that law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 4381 was passed by the House on May 2, | ||
| 2023, by the following vote: Yeas 130, Nays 15, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4381 was passed by the Senate on May | ||
| 17, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
