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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of certain personal property from |
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garnishment, attachment, execution, or other seizure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.001(b), Property Code, is amended to |
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read as follows: |
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(b) The following personal property is exempt from seizure |
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and is not included in the aggregate limitations prescribed by |
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Subsection (a): |
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(1) current wages for personal services, except for |
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the enforcement of court-ordered child support payments; |
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(2) professionally prescribed health aids of a debtor |
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or a dependent of a debtor; |
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(3) alimony, support, or separate maintenance |
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received or to be received by the debtor for the support of the |
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debtor or a dependent of the debtor; [and] |
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(4) a religious bible or other book containing sacred |
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writings of a religion that is seized by a creditor other than a |
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lessor of real property who is exercising the lessor's contractual |
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or statutory right to seize personal property after a tenant |
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breaches a lease agreement for or abandons the real property; and |
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(5) social security benefits, unemployment |
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compensation, public assistance benefits, veterans' benefits, |
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awards under a crime victim's reparation law, payments for wrongful |
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death, or payments for loss of earnings. |
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SECTION 2. Section 42.002(a), Property Code, is amended to |
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read as follows: |
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(a) The following personal property is exempt under Section |
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42.001(a): |
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(1) home furnishings, including family heirlooms; |
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(2) provisions for consumption; |
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(3) farming or ranching vehicles and implements; |
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(4) tools, equipment, books, and apparatus, including |
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boats and motor vehicles used in a trade or profession; |
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(5) wearing apparel; |
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(6) jewelry not to exceed 25 percent of the aggregate |
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limitations prescribed by Section 42.001(a); |
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(7) two firearms; |
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(8) athletic and sporting equipment, including |
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bicycles; |
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(9) a two-wheeled, three-wheeled, or four-wheeled |
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motor vehicle for each member of a family or single adult who holds |
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a driver's license or who does not hold a driver's license but who |
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relies on another person to operate the vehicle for the benefit of |
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the nonlicensed person; |
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(10) the following animals and forage on hand for |
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their consumption: |
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(A) two horses, mules, or donkeys and a saddle, |
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blanket, and bridle for each; |
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(B) 12 head of cattle; |
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(C) 60 head of other types of livestock; and |
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(D) 120 fowl; [and] |
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(11) household pets; |
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(12) an unmatured life insurance contract; and |
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(13) any personal property not specifically listed in |
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this section, if the total value of all of the personal property |
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does not exceed the aggregate limitations prescribed by Section |
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42.001(a). |
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SECTION 3. The changes in law made by this Act do not apply |
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to property that is, as of the effective date of this Act, subject |
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to a voluntary bankruptcy proceeding or to valid claims of a holder |
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of a final judgment who has, by levy, garnishment, or other legal |
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process, obtained rights superior to those that would otherwise be |
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held by a trustee in bankruptcy if a bankruptcy petition were then |
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pending against the debtor. That property is subject to the law as |
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it existed immediately before the effective date of this Act, and |
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the prior law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |