| 1 | 1 | | 88R26356 PRL-F |
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| 2 | 2 | | By: Leach H.B. No. 3170 |
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| 3 | 3 | | Substitute the following for H.B. No. 3170: |
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| 4 | 4 | | By: Leach C.S.H.B. No. 3170 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the exemption of certain personal property from |
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| 10 | 10 | | garnishment, attachment, execution, or other seizure. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 42.002(a), Property Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) The following personal property is exempt under Section |
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| 15 | 15 | | 42.001(a): |
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| 16 | 16 | | (1) home furnishings, including family heirlooms; |
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| 17 | 17 | | (2) provisions for consumption; |
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| 18 | 18 | | (3) farming or ranching vehicles and implements; |
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| 19 | 19 | | (4) tools, equipment, books, and apparatus, including |
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| 20 | 20 | | boats and motor vehicles used by a member of a family or single |
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| 21 | 21 | | adult in that person's [in a] trade or profession; |
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| 22 | 22 | | (5) wearing apparel; |
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| 23 | 23 | | (6) jewelry not to exceed 25 percent of the aggregate |
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| 24 | 24 | | limitations prescribed by Section 42.001(a); |
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| 25 | 25 | | (7) two firearms; |
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| 26 | 26 | | (8) athletic and sporting equipment, including |
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| 27 | 27 | | bicycles; |
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| 28 | 28 | | (9) a two-wheeled, three-wheeled, or four-wheeled |
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| 29 | 29 | | motor vehicle for each member of a family or single adult who holds |
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| 30 | 30 | | a driver's license or who does not hold a driver's license but who |
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| 31 | 31 | | relies on another person to operate the vehicle for the benefit of |
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| 32 | 32 | | the nonlicensed person, provided that the vehicle is not: |
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| 33 | 33 | | (A) an autocycle as defined by Section 502.005, |
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| 34 | 34 | | Transportation Code; |
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| 35 | 35 | | (B) a golf cart as defined by Section 551.401, |
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| 36 | 36 | | Transportation Code; |
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| 37 | 37 | | (C) a recreational off-highway vehicle as |
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| 38 | 38 | | defined by Section 551A.001, Transportation Code; or |
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| 39 | 39 | | (D) an assembled motor vehicle as defined by |
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| 40 | 40 | | Section 731.001, Transportation Code; |
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| 41 | 41 | | (10) the following animals and forage on hand for |
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| 42 | 42 | | their consumption: |
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| 43 | 43 | | (A) two horses, mules, or donkeys and a saddle, |
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| 44 | 44 | | blanket, and bridle for each; |
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| 45 | 45 | | (B) 12 head of cattle; |
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| 46 | 46 | | (C) 60 head of other types of livestock; and |
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| 47 | 47 | | (D) 120 fowl; and |
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| 48 | 48 | | (11) household pets. |
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| 49 | 49 | | SECTION 2. The changes in law made this Act do not apply to |
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| 50 | 50 | | property that is, as of the effective date of this Act, subject to a |
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| 51 | 51 | | voluntary bankruptcy proceeding or to a valid claim of a holder of a |
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| 52 | 52 | | final judgment who has, by levy, garnishment, or other legal |
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| 53 | 53 | | process, obtained rights superior to those that would otherwise be |
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| 54 | 54 | | held by a trustee in bankruptcy if a bankruptcy petition were then |
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| 55 | 55 | | pending against the debtor. That property is subject to the law as |
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| 56 | 56 | | it existed immediately before the effective date of this Act, and |
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| 57 | 57 | | the prior law is continued in effect for that purpose. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2023. |
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