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A BILL TO BE ENTITLED
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AN ACT
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relating to the value of personal property that is exempt from |
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seizure to pay a crime victim under an order of restitution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.001, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), personal |
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[Personal] property, as described in Section 42.002, is exempt from |
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garnishment, attachment, execution, or other seizure if: |
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(1) the property is provided for a family and has an |
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aggregate fair market value of not more than $60,000, exclusive of |
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the amount of any liens, security interests, or other charges |
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encumbering the property; or |
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(2) the property is owned by a single adult, who is not |
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a member of a family, and has an aggregate fair market value of not |
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more than $30,000, exclusive of the amount of any liens, security |
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interests, or other charges encumbering the property. |
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(a-1) In an action to enforce an order of restitution issued |
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under Article 42.037, Code of Criminal Procedure, personal |
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property, as described in Section 42.002, is exempt from |
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garnishment, attachment, execution, or other seizure if: |
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(1) the property is provided for a family and has an |
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aggregate fair market value of not more than $20,000, exclusive of |
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the amount of any liens, security interests, or other charges |
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encumbering the property; or |
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(2) the property is owned by a single adult, who is not |
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a member of a family, and has an aggregate fair market value of not |
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more than $10,000, exclusive of the amount of any liens, security |
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interests, or other charges encumbering the property. |
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SECTION 2. Section 42.001(a-1), Property Code, as added by |
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this Act, applies only to an order of restitution for an offense |
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committed on or after the effective date of this Act. An order of |
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restitution for an offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |