83R9791 TJS-F
By: Parker H.B. No. 2595
A BILL TO BE ENTITLED
AN ACT
relating to the value of personal property that is exempt from
seizure to pay a crime victim under an order of restitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.001, Property Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), personal
[Personal] property, as described in Section 42.002, is exempt from
garnishment, attachment, execution, or other seizure if:
(1) the property is provided for a family and has an
aggregate fair market value of not more than $60,000, exclusive of
the amount of any liens, security interests, or other charges
encumbering the property; or
(2) the property is owned by a single adult, who is not
a member of a family, and has an aggregate fair market value of not
more than $30,000, exclusive of the amount of any liens, security
interests, or other charges encumbering the property.
(a-1) In an action to enforce an order of restitution issued
under Article 42.037, Code of Criminal Procedure, personal
property, as described in Section 42.002, is exempt from
garnishment, attachment, execution, or other seizure if:
(1) the property is provided for a family and has an
aggregate fair market value of not more than $20,000, exclusive of
the amount of any liens, security interests, or other charges
encumbering the property; or
(2) the property is owned by a single adult, who is not
a member of a family, and has an aggregate fair market value of not
more than $10,000, exclusive of the amount of any liens, security
interests, or other charges encumbering the property.
SECTION 2. Section 42.001(a-1), Property Code, as added by
this Act, applies only to an order of restitution for an offense
committed on or after the effective date of this Act. An order of
restitution for an offense committed before the effective date of
this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 3. This Act takes effect September 1, 2013.