| 1 | 1 | | 83R9791 TJS-F |
|---|
| 2 | 2 | | By: Parker H.B. No. 2595 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the value of personal property that is exempt from |
|---|
| 8 | 8 | | seizure to pay a crime victim under an order of restitution. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 42.001, Property Code, is amended by |
|---|
| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
|---|
| 12 | 12 | | follows: |
|---|
| 13 | 13 | | (a) Except as provided by Subsection (a-1), personal |
|---|
| 14 | 14 | | [Personal] property, as described in Section 42.002, is exempt from |
|---|
| 15 | 15 | | garnishment, attachment, execution, or other seizure if: |
|---|
| 16 | 16 | | (1) the property is provided for a family and has an |
|---|
| 17 | 17 | | aggregate fair market value of not more than $60,000, exclusive of |
|---|
| 18 | 18 | | the amount of any liens, security interests, or other charges |
|---|
| 19 | 19 | | encumbering the property; or |
|---|
| 20 | 20 | | (2) the property is owned by a single adult, who is not |
|---|
| 21 | 21 | | a member of a family, and has an aggregate fair market value of not |
|---|
| 22 | 22 | | more than $30,000, exclusive of the amount of any liens, security |
|---|
| 23 | 23 | | interests, or other charges encumbering the property. |
|---|
| 24 | 24 | | (a-1) In an action to enforce an order of restitution issued |
|---|
| 25 | 25 | | under Article 42.037, Code of Criminal Procedure, personal |
|---|
| 26 | 26 | | property, as described in Section 42.002, is exempt from |
|---|
| 27 | 27 | | garnishment, attachment, execution, or other seizure if: |
|---|
| 28 | 28 | | (1) the property is provided for a family and has an |
|---|
| 29 | 29 | | aggregate fair market value of not more than $20,000, exclusive of |
|---|
| 30 | 30 | | the amount of any liens, security interests, or other charges |
|---|
| 31 | 31 | | encumbering the property; or |
|---|
| 32 | 32 | | (2) the property is owned by a single adult, who is not |
|---|
| 33 | 33 | | a member of a family, and has an aggregate fair market value of not |
|---|
| 34 | 34 | | more than $10,000, exclusive of the amount of any liens, security |
|---|
| 35 | 35 | | interests, or other charges encumbering the property. |
|---|
| 36 | 36 | | SECTION 2. Section 42.001(a-1), Property Code, as added by |
|---|
| 37 | 37 | | this Act, applies only to an order of restitution for an offense |
|---|
| 38 | 38 | | committed on or after the effective date of this Act. An order of |
|---|
| 39 | 39 | | restitution for an offense committed before the effective date of |
|---|
| 40 | 40 | | this Act is governed by the law in effect on the date the offense was |
|---|
| 41 | 41 | | committed, and the former law is continued in effect for that |
|---|
| 42 | 42 | | purpose. For purposes of this section, an offense was committed |
|---|
| 43 | 43 | | before the effective date of this Act if any element of the offense |
|---|
| 44 | 44 | | occurred before that date. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2013. |
|---|