LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 20, 2021 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3613 by Leach (relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend the Government Code providing that the Texas Supreme Court must adopt rules that establish a simple and expedited procedure for a judgment debtor to assert an exemption to the seizure of personal property by a judgment creditor or a receiver appointed under Civil Practice and Remedies Code section 31.002; require a court to stay a proceeding for a reasonable period to allow for the assertion of an exemption; and if timely asserted require a court to promptly set a hearing and stay proceedings until a hearing is conducted.The bill would require the rules to require the provision of a notice in plain language to a judgment debtor regarding the right to assert on or more exemptions, and the bill outlines what content the notice must contain. The bill would require the adopted rules to include the promulgation of a form in plain language asserting the exemptions, and the form must be in English with an integrated Spanish translation that can be easily understood by the public, and the court and must include instructions for use of the form. The bill would require a court to accept a promulgated form unless it has been completed in a manner that causes a substantive defect that cannot be cured. The bill would require the Supreme Court of Texas to adopt the rules and promulgate the forms no later than May 1, 2022.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill. Local Government ImpactNo significant fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, SLE, BH
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 20, 2021
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB3613 by Leach (relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.), Committee Report 1st House, Substituted
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB3613 by Leach (relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.), Committee Report 1st House, Substituted
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB3613 by Leach (relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.), Committee Report 1st House, Substituted
HB3613 by Leach (relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.), Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Government Code providing that the Texas Supreme Court must adopt rules that establish a simple and expedited procedure for a judgment debtor to assert an exemption to the seizure of personal property by a judgment creditor or a receiver appointed under Civil Practice and Remedies Code section 31.002; require a court to stay a proceeding for a reasonable period to allow for the assertion of an exemption; and if timely asserted require a court to promptly set a hearing and stay proceedings until a hearing is conducted.The bill would require the rules to require the provision of a notice in plain language to a judgment debtor regarding the right to assert on or more exemptions, and the bill outlines what content the notice must contain. The bill would require the adopted rules to include the promulgation of a form in plain language asserting the exemptions, and the form must be in English with an integrated Spanish translation that can be easily understood by the public, and the court and must include instructions for use of the form. The bill would require a court to accept a promulgated form unless it has been completed in a manner that causes a substantive defect that cannot be cured. The bill would require the Supreme Court of Texas to adopt the rules and promulgate the forms no later than May 1, 2022.Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, SLE, BH
JMc, SLE, BH