Texas 2021 - 87th Regular

Texas Senate Bill SB644

Caption

Relating to the exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.

Impact

The bill is expected to significantly affect state laws regarding creditor-debtor relations, specifically impacting how personal property can be seized in debt collections. By establishing a clear exemption for a minimum amount that protection is afforded to individuals, SB644 aims to prevent situations where debtors can lose all access to essential financial resources. This change could lead to increased financial security for many Texans, especially among lower-income individuals, helping them maintain a minimum standard of living even when facing debt obligations. Overall, the introduction of this bill signals a shift towards more debtor-friendly regulations in Texas.

Summary

SB644 addresses the exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors. The bill proposes amendments to Section 42.001 of the Property Code to clarify and expand the types of personal property that are exempt from seizure, particularly for judgment debtors. Among the exemptions included are wages for personal services (except where enforcing court-ordered child support), health aids, religious texts, and a total amount in accounts equal to 250% of the federal poverty guidelines for a family of four, which is designed to ensure that individuals have basic financial resources available despite debts. This bill aligns with recent efforts to adjust legal protections for those facing financial difficulties.

Contention

While the bill's intent to protect economically vulnerable individuals has been met with support, it also raises points of contention surrounding creditor rights. Opponents may argue that the bill grants excessive protection to debtors, potentially complicating the collection process for creditors. There could be concerns that this legislation creates an imbalanced system where creditors may not effectively retrieve owed debts, leading to financial losses that could affect their business operations. The enactment of SB644 could lead to debates concerning the proper balance between debtor protection and creditor rights within Texas law.

Companion Bills

TX HB3613

Same As Relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.

Similar Bills

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UT SB0326

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