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A BILL TO BE ENTITLED
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AN ACT
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relating to remedies for the recovery of debts by certain |
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creditors. |
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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 subsections (a-1) and (a-2) to |
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read as follows: |
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Sec. 42.001. PERSONAL PROPERTY EXEMPTION. (a) Except as |
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provided by subsections (a-1) and (a-2), personal [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 $100,000, 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 $50,000, 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) The personal property of a person against whom more |
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than one unpaid judgment has been entered for more than one year is |
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exempt from garnishment, attachment, execution, or other seizure |
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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 $50,000, 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 $25,000, exclusive of the amount of any liens, security |
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interests, or other charges encumbering the property. |
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(a-2) The personal property of a person against whom more |
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than one unpaid judgment has been entered for more than three years |
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is not exempt from garnishment, attachment, execution, or other |
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seizure. |
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SECTION 2. Chapter 42, Property Code, is amended by adding |
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Section 42.006 to read as follows: |
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Sec. 232.0135. DENIAL OF LICENSE ISSUANCE OR RENEWAL. (a) |
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A creditor who has obtained a judgment against a debtor that, after |
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six months, has not been satisfied, may provide notice to a |
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licensing authority concerning the debtor that requests the |
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authority to refuse to approve an application for issuance of a |
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license to the obligor or renewal of an existing license of the |
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debtor. |
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(b) A licensing authority that receives a request described |
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by Subsection (a) shall, after confirmation of the facts alleged in |
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the notice, refuse to approve an application for issuance of a |
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license to the debtor or renewal of an existing license of the |
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debtor until the authority is notified by the creditor that the |
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debtor has: |
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(1) paid the judgment; |
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(2) made an immediate payment of not less than $200 |
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toward the total amount owed and established with the creditor a |
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satisfactory repayment schedule for the remainder; or |
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(3) been granted an exemption from this subsection as |
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part of a court-supervised plan to improve the debtor's earnings |
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payments. |
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(c) On providing a licensing authority with the notice |
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described by Subsection (a), the creditor shall send a copy to the |
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debtor by first class mail and inform the debtor of the steps the |
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debtor must take to permit the authority to approve the debtor's |
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application for license issuance or renewal. |
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SECTION 3. This Act takes effect September 1, 2019. |