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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 42.002(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 by a member of a family or single |
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adult in that person's [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, provided that: |
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(A) the vehicle: |
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(i) may be legally operated on a public |
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highway of this state; |
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(ii) is registered as required by Section |
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502.040, Transportation Code; and |
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(iii) is not an autocycle as defined by |
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Section 502.005, Transportation Code; and |
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(B) financial responsibility is established for |
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the vehicle as required by Section 601.051, Transportation Code; |
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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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SECTION 2. The changes in law made this Act do not apply to |
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property that is, as of the effective date of this Act, subject to a |
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voluntary bankruptcy proceeding or to a valid claim of a holder of a |
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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 3. This Act takes effect September 1, 2023. |