Bill Text: TX HB3613 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to rules regarding the assertion of an exemption of certain personal property from garnishment, attachment, execution, or other seizure by creditors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-27 - Committee report sent to Calendars [HB3613 Detail]
Download: Texas-2021-HB3613-Comm_Sub.html
| 87R19568 MWC-F | |||
| By: Leach | H.B. No. 3613 | ||
| Substitute the following for H.B. No. 3613: | |||
| By: Smith | C.S.H.B. No. 3613 | ||
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| relating to rules regarding the assertion of an 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. 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 receiver appointed under | ||
| Section 31.002, Civil Practice and Remedies Code; | ||
| (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) require a court to promptly set a hearing and stay | ||
| proceedings until a hearing is held, if a judgment debtor timely | ||
| asserts an exemption under Subdivision (1). | ||
| (b) Rules adopted under this section shall require the | ||
| provision of a notice in plain language to a judgment debtor | ||
| regarding the right of the judgment debtor to assert one or more | ||
| exemptions under Subsection (a)(1). The notice must: | ||
| (1) be in English with an integrated Spanish | ||
| translation that can be readily understood by the public and the | ||
| court; | ||
| (2) include the form promulgated under Subsection (c); | ||
| (3) list all exemptions under state and federal law to | ||
| the seizure of personal property; and | ||
| (4) 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 2. Not later than May 1, 2022, the Supreme Court of | ||
| Texas shall adopt rules and promulgate forms under Section 22.0042, | ||
| Government Code, as added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
