| 1 | 1 | | By: Corte H.B. No. 4131 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the exemption of certain personal property from |
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| 7 | 7 | | garnishment, attachment, execution, or other seizure. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 42.001(b), Property Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (b) The following personal property is exempt from seizure |
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| 12 | 12 | | and is not included in the aggregate limitations prescribed by |
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| 13 | 13 | | Subsection (a): |
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| 14 | 14 | | (1) current wages for personal services, except for |
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| 15 | 15 | | the enforcement of court-ordered child support payments; |
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| 16 | 16 | | (2) professionally prescribed health aids of a debtor |
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| 17 | 17 | | or a dependent of a debtor; |
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| 18 | 18 | | (3) alimony, support, or separate maintenance |
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| 19 | 19 | | received or to be received by the debtor for the support of the |
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| 20 | 20 | | debtor or a dependent of the debtor; [and] |
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| 21 | 21 | | (4) a religious bible or other book containing sacred |
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| 22 | 22 | | writings of a religion that is seized by a creditor other than a |
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| 23 | 23 | | lessor of real property who is exercising the lessor's contractual |
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| 24 | 24 | | or statutory right to seize personal property after a tenant |
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| 25 | 25 | | breaches a lease agreement for or abandons the real property; and |
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| 26 | 26 | | (5) social security benefits, unemployment |
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| 27 | 27 | | compensation, public assistance benefits, veterans' benefits, |
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| 28 | 28 | | awards under a crime victim's reparation law, payments for wrongful |
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| 29 | 29 | | death, or payments for loss of earnings. |
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| 30 | 30 | | SECTION 2. Section 42.002(a), Property Code, is amended to |
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| 31 | 31 | | read as follows: |
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| 32 | 32 | | (a) The following personal property is exempt under Section |
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| 33 | 33 | | 42.001(a): |
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| 34 | 34 | | (1) home furnishings, including family heirlooms; |
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| 35 | 35 | | (2) provisions for consumption; |
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| 36 | 36 | | (3) farming or ranching vehicles and implements; |
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| 37 | 37 | | (4) tools, equipment, books, and apparatus, including |
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| 38 | 38 | | boats and motor vehicles used in a trade or profession; |
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| 39 | 39 | | (5) wearing apparel; |
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| 40 | 40 | | (6) jewelry not to exceed 25 percent of the aggregate |
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| 41 | 41 | | limitations prescribed by Section 42.001(a); |
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| 42 | 42 | | (7) two firearms; |
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| 43 | 43 | | (8) athletic and sporting equipment, including |
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| 44 | 44 | | bicycles; |
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| 45 | 45 | | (9) a two-wheeled, three-wheeled, or four-wheeled |
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| 46 | 46 | | motor vehicle for each member of a family or single adult who holds |
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| 47 | 47 | | a driver's license or who does not hold a driver's license but who |
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| 48 | 48 | | relies on another person to operate the vehicle for the benefit of |
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| 49 | 49 | | the nonlicensed person; |
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| 50 | 50 | | (10) the following animals and forage on hand for |
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| 51 | 51 | | their consumption: |
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| 52 | 52 | | (A) two horses, mules, or donkeys and a saddle, |
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| 53 | 53 | | blanket, and bridle for each; |
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| 54 | 54 | | (B) 12 head of cattle; |
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| 55 | 55 | | (C) 60 head of other types of livestock; and |
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| 56 | 56 | | (D) 120 fowl; [and] |
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| 57 | 57 | | (11) household pets; |
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| 58 | 58 | | (12) an unmatured life insurance contract; and |
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| 59 | 59 | | (13) any personal property not specifically listed in |
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| 60 | 60 | | this section, if the total value of all of the personal property |
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| 61 | 61 | | does not exceed the aggregate limitations prescribed by Section |
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| 62 | 62 | | 42.001(a). |
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| 63 | 63 | | SECTION 3. The changes in law made by this Act do not apply |
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| 64 | 64 | | to property that is, as of the effective date of this Act, subject |
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| 65 | 65 | | to a voluntary bankruptcy proceeding or to valid claims of a holder |
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| 66 | 66 | | of a final judgment who has, by levy, garnishment, or other legal |
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| 67 | 67 | | process, obtained rights superior to those that would otherwise be |
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| 68 | 68 | | held by a trustee in bankruptcy if a bankruptcy petition were then |
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| 69 | 69 | | pending against the debtor. That property is subject to the law as |
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| 70 | 70 | | it existed immediately before the effective date of this Act, and |
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| 71 | 71 | | the prior law is continued in effect for that purpose. |
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| 72 | 72 | | SECTION 4. This Act takes effect September 1, 2009. |
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