Texas 2021 - 87th Regular

Texas House Bill HB3613

Caption

Relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.

Impact

Should HB3613 be enacted, it will modify existing procedures within the civil justice system related to debt collection. It will particularly focus on making the process more accessible for individuals facing financial difficulties by requiring that the courts stay proceedings to give debtors time to assert their exemptions. It can significantly affect how debtors can protect their assets and ensure they are informed of their rights regarding property exemptions under state and federal laws.

Summary

House Bill 3613 aims to establish standardized rules regarding the assertion of exemptions for certain personal properties from garnishment, attachment, execution, or other forms of seizure by creditors. The bill mandates the Supreme Court of Texas to adopt rules that create an expedited process allowing judgment debtors to assert their exemptions effectively. A significant component of the bill is the requirement that notices about these exemptions must be in plain language and available in both English and Spanish to ensure public understanding.

Sentiment

The sentiment around HB3613 appears to be generally supportive, particularly among those advocating for consumer rights and access to legal knowledge. Proponents believe that the bill enhances the ability for vulnerable individuals to safeguard personal property, thus offering them a level of protection in the face of creditor actions. While specific contention points were not highlighted in the available data, similar bills often face scrutiny regarding their practical implications on creditors' rights and the overall debt collection process.

Contention

Notable points of contention, although not explicitly detailed in the data, may arise around the balance of rights between creditors and debtors. While the intention is to protect consumers from aggressive collection tactics, there could be concerns voiced by creditor advocacy groups regarding potential obstructions in their ability to recover debts. The bill reflects a broader legislative trend towards consumer protection, which often leads to discussions about the fairness and implications of such protections on the lending ecosystem.

Companion Bills

TX SB644

Same As Relating to the exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.

Previously Filed As

TX SB775

Relating to the exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.

TX HB3170

Relating to the exemption of certain personal property from garnishment, attachment, execution, or other seizure.

TX HB3481

Relating to the exemption of certain personal property from seizure under a court order to collect a judgment on a consumer debt.

TX HB2987

Relating to the exemption of tangible personal property from ad valorem taxation; making conforming changes.

TX SB1789

Relating to the exemption of tangible personal property from ad valorem taxation; making conforming changes.

TX HB1823

Relating to certain documents or instruments purporting to convey real or personal property.

TX HB3104

Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.

TX SB1265

Relating to the temporary exemption of certain tangible personal property related to certain connected data center projects from sales and use taxes.

TX SB793

Relating to criminal asset forfeiture proceedings and the seizure and forfeiture of certain property.

TX HB2223

Relating to the temporary exemption of certain tangible personal property related to virtual currency mines from sales and use taxes.

Similar Bills

No similar bills found.