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