87(R) SB 644 - Introduced version - Bill Text

	By:  Zaffirini	S.B.  No.  644

	A BILL TO BE ENTITLED
	AN ACT
	relating to the exemption of certain personal property from
	garnishment, attachment, execution, or other seizure by creditors.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 42.001, Property Code, is amended by
	amending Subsection (b) and adding Subsection (f) to read as
	follows:
	(b)    The following personal property is exempt from seizure
	and is not included in the aggregate limitations prescribed by
	Subsection (a):
	(1)    current wages for personal services, except for
	the enforcement of court-ordered child support payments;
	(2)    professionally prescribed health aids of a debtor
	or a dependent of a debtor;
	(3)    alimony, support, or separate maintenance
	received or to be received by the debtor for the support of the
	debtor or a dependent of the debtor; [and]
	(4)    a religious bible or other book containing sacred
	writings of a religion that is seized by a creditor other than a
	lessor of real property who is exercising the lessor's contractual
	or statutory right to seize personal property after a tenant
	breaches a lease agreement for or abandons the real property; and
	(5)    a total amount on deposit in one or more accounts
	equal to the monthly equivalent of 250% of the federal poverty
	guidelines for a family of four, except for the enforcement of
	court-ordered alimony, child support, or spousal maintenance
	payments.
	(f)    Notwithstanding any other law, a judgment debtor is not
	required to assert an exemption from seizure before accessing the
	amount described by Subsection (b)(5).
	SECTION  2.    Subchapter A, Chapter 22, Government Code, is
	amended by adding Section 22.0042 to read as follows:
	Sec.  22.0042.    RULES REGARDING EXEMPTIONS FROM SEIZURE OF
	PROPERTY; FORM. (a) The supreme court shall adopt rules that:
	(1)    establish a simple and expedited procedure for a
	judgment debtor to assert an exemption to the seizure of personal
	property by a judgment creditor or a turnover receiver;
	(2)    require a court to stay a proceeding, for a
	reasonable period, to allow for the assertion of an exemption under
	Subdivision (1); and
	(3)    if a judgment debtor timely asserts an exemption
	under Subdivision (1), require a court to promptly set a hearing and
	stay proceedings until a hearing is held.
	(b)    Rules adopted under this section shall require the
	provision of a notice in plain language to a judgment debtor
	regarding the right to assert one or more exemptions under
	Subsection (a)(1). The notice must:
	(1)    be provided to the judgment debtor not later than
	the third day after the date that an account owned by the judgment
	debtor is seized by the judgment creditor;
	(2)    be in English with an integrated Spanish
	translation that can be readily understood by the public and the
	court;
	(3)    include the form promulgated under Subsection (c);
	(4)    list all exemptions under state and federal law to
	the seizure of personal property; and
	(5)    provide information for accessing free or low-cost
	legal assistance.
	(c)    Rules adopted under this section shall include the
	promulgation of a form in plain language for asserting an exemption
	under Subsection (a)(1). A form promulgated under this subsection
	must:
	(1)    be in English with an integrated Spanish
	translation that can be readily understood by the public and the
	court; and
	(2)    include instructions for the use of the form.
	(d)    A court shall accept a form promulgated under Subsection
	(c) unless the form has been completed in a manner that causes a
	substantive defect that cannot be cured.
	SECTION  3.    Section 31.002, Civil Practices and Remedies
	Code is amended by adding Subsection (i) to read as follows:
	(i)    For collection of judgments on consumer debt, as defined
	by Texas Finance Code Section 392.001(2), a