Texas 2019 - 86th Regular

Texas House Bill HB2779

Caption

Relating to the exemption for certain savings plans from attachment, execution, or other seizure for a creditor's claim.

Impact

This legislation significantly impacts Texas property law by enhancing the protections around retirement and savings accounts. It effectively means that creditors cannot easily access these funds in the event of a debt claim, which is particularly important for individuals facing financial difficulties. By clearly delineating which plans are protected, the bill aims to provide individuals a sense of security regarding their financial futures and ensure that they can retain essential savings for retirement or emergencies without fear of loss due to creditors.

Summary

House Bill 2779 focuses on the exemptions related to qualified savings plans from seizure due to creditor claims. Specifically, this bill amends Section 42.0021 of the Property Code to clarify that individuals' interests in certain retirement and savings plans, whether vested or unvested, cannot be attached or executed for the satisfaction of debts. The bill encompasses a variety of savings plans including pension plans, health savings accounts, and educational savings accounts, thereby broadening the range of protections offered to individuals under Texas law.

Sentiment

The sentiment surrounding HB 2779 appears largely supportive among legislators, as evidenced by its unanimous passage through both the House and Senate. In discussions, proponents lauded the bill for its protective measures, recognizing the need to shield personal savings from creditor claims, especially in the context of rising medical and educational costs. This sentiment reflects a broader acknowledgment of the importance of financial security and the role of savings in achieving that security.

Contention

Notable contention regarding HB 2779 arose mostly from concerns about who should be eligible for these protections. While no significant opposition was recorded during votes, some discussions highlighted the necessity of ensuring that the safeguards did not create loopholes for certain high-income individuals or those with ample resources, thereby questioning the fairness of exemption provisions. Overall, the discussions maintained a constructive tone as stakeholders focused on promoting financial stability for constituents.

Companion Bills

TX SB1167

Same As Relating to the exemption for certain savings plans from attachment, execution, or other seizure for a creditor's claim.

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