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