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A BILL TO BE ENTITLED
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AN ACT
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relating to rules regarding the assertion of an exemption of |
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certain personal property from garnishment, attachment, execution, |
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or other seizure by creditors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.0042 to read as follows: |
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Sec. 22.0042. RULES REGARDING EXEMPTIONS FROM SEIZURE OF |
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PROPERTY; FORM. (a) The supreme court shall adopt rules that: |
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(1) establish a simple and expedited procedure for a |
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judgment debtor to assert an exemption to the seizure of personal |
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property by a judgment creditor or a receiver appointed under |
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Section 31.002, Civil Practice and Remedies Code; |
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(2) require a court to stay a proceeding, for a |
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reasonable period, to allow for the assertion of an exemption under |
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Subdivision (1); and |
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(3) require a court to promptly set a hearing and stay |
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proceedings until a hearing is held, if a judgment debtor timely |
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asserts an exemption under Subdivision (1). |
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(b) Rules adopted under this section shall require the |
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provision of a notice in plain language to a judgment debtor |
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regarding the right of the judgment debtor to assert one or more |
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exemptions under Subsection (a)(1). The notice must: |
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(1) be in English with an integrated Spanish |
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translation that can be readily understood by the public and the |
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court; |
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(2) include the form promulgated under Subsection (c); |
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(3) list all exemptions under state and federal law to |
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the seizure of personal property; and |
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(4) provide information for accessing free or low-cost |
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legal assistance. |
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(c) Rules adopted under this section shall include the |
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promulgation of a form in plain language for asserting an exemption |
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under Subsection (a)(1). A form promulgated under this subsection |
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must: |
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(1) be in English with an integrated Spanish |
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translation that can be readily understood by the public and the |
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court; and |
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(2) include instructions for the use of the form. |
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(d) A court shall accept a form promulgated under Subsection |
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(c) unless the form has been completed in a manner that causes a |
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substantive defect that cannot be cured. |
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SECTION 2. Not later than May 1, 2022, the Supreme Court of |
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Texas shall adopt rules and promulgate forms under Section 22.0042, |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |