Bill Text: TX HB4190 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to remedies for the recovery of debts by certain creditors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Judiciary & Civil Jurisprudence [HB4190 Detail]
Download: Texas-2019-HB4190-Introduced.html
| By: Sanford | H.B. No. 4190 | |
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| relating to remedies for the recovery of debts by certain | ||
| creditors. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 42.001, Property Code, is amended by | ||
| amending Subsection (a) and adding subsections (a-1) and (a-2) to | ||
| read as follows: | ||
| Sec. 42.001. PERSONAL PROPERTY EXEMPTION. (a) Except as | ||
| provided by subsections (a-1) and (a-2), personal [ |
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| property, as described in Section 42.002, is exempt from | ||
| garnishment, attachment, execution, or other seizure if: | ||
| (1) the property is provided for a family and has an | ||
| aggregate fair market value of not more than $100,000, exclusive of | ||
| the amount of any liens, security interests, or other charges | ||
| encumbering the property; or | ||
| (2) the property is owned by a single adult, who is not | ||
| a member of a family, and has an aggregate fair market value of not | ||
| more than $50,000, exclusive of the amount of any liens, security | ||
| interests, or other charges encumbering the property. | ||
| (a-1) The personal property of a person against whom more | ||
| than one unpaid judgment has been entered for more than one year is | ||
| exempt from garnishment, attachment, execution, or other seizure | ||
| if: | ||
| (1) the property is provided for a family and has an | ||
| aggregate fair market value of not more than $50,000, exclusive of | ||
| the amount of any liens, security interests, or other charges | ||
| encumbering the property; or | ||
| (2) the property is owned by a single adult, who is not | ||
| a member of a family, and has an aggregate fair market value of not | ||
| more than $25,000, exclusive of the amount of any liens, security | ||
| interests, or other charges encumbering the property. | ||
| (a-2) The personal property of a person against whom more | ||
| than one unpaid judgment has been entered for more than three years | ||
| is not exempt from garnishment, attachment, execution, or other | ||
| seizure. | ||
| SECTION 2. Chapter 42, Property Code, is amended by adding | ||
| Section 42.006 to read as follows: | ||
| Sec. 232.0135. DENIAL OF LICENSE ISSUANCE OR RENEWAL. (a) | ||
| A creditor who has obtained a judgment against a debtor that, after | ||
| six months, has not been satisfied, may provide notice to a | ||
| licensing authority concerning the debtor that requests the | ||
| authority to refuse to approve an application for issuance of a | ||
| license to the obligor or renewal of an existing license of the | ||
| debtor. | ||
| (b) A licensing authority that receives a request described | ||
| by Subsection (a) shall, after confirmation of the facts alleged in | ||
| the notice, refuse to approve an application for issuance of a | ||
| license to the debtor or renewal of an existing license of the | ||
| debtor until the authority is notified by the creditor that the | ||
| debtor has: | ||
| (1) paid the judgment; | ||
| (2) made an immediate payment of not less than $200 | ||
| toward the total amount owed and established with the creditor a | ||
| satisfactory repayment schedule for the remainder; or | ||
| (3) been granted an exemption from this subsection as | ||
| part of a court-supervised plan to improve the debtor's earnings | ||
| payments. | ||
| (c) On providing a licensing authority with the notice | ||
| described by Subsection (a), the creditor shall send a copy to the | ||
| debtor by first class mail and inform the debtor of the steps the | ||
| debtor must take to permit the authority to approve the debtor's | ||
| application for license issuance or renewal. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
