Texas Property Code Section 42 Chpt 11 Completed

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m1ke_d
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Texas Property Code Section 42 Chpt 11 Completed
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2011-10-04 19:10:38
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Texas Propert Code
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  1. Sec. 42.001. PERSONAL PROPERTY EXEMPTION.

    (a) Personal 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 $60,000, 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 $30,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property.
  2. Sec. 42.001. PERSONAL PROPERTY EXEMPTION

    (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.
  3. Sec. 42.001. PERSONAL PROPERTY EXEMPTION

    (c) Except as provided by Subsection (b)(4), this section does not prevent seizure by a secured creditor with a contractual landlord's lien or other security in the property to be seized.
  4. Sec. 42.001. PERSONAL PROPERTY EXEMPTION

    (d) Unpaid commissions for personal services not to exceed 25 percent of the aggregate limitations prescribed by Subsection (a) are exempt from seizure and are included in the aggregate.
  5. Sec. 42.001. PERSONAL PROPERTY EXEMPTION

    (e) A religious bible or other book described by Subsection (b)(4) that is seized by a lessor of real property in the exercise of the lessor's contractual or statutory right to seize personal property after a tenant breaches a lease agreement for the real property or abandons the real property may not be included in the aggregate limitations prescribed by Subsection (a).
  6. Sec. 42.002. PERSONAL PROPERTY.

    (a) The following personal property is exempt under Section 42.001(a):

    (1) home furnishings, including family heirlooms;
    (2) provisions for consumption;
    (3) farming or ranching vehicles and implements;
    (4) tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession;
    (5) wearing apparel;
  7. Sec. 42.002. PERSONAL PROPERTY.

    (a) The following personal property is exempt under Section 42.001(a):


    (6) jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a);
    (7) two firearms;
    (8) athletic and sporting equipment, including bicycles;
    (9) a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person;
  8. Sec. 42.002. PERSONAL PROPERTY.

    (a) The following personal property is exempt under Section 42.001(a):


    (10) the following animals and forage on hand for their consumption:
    (A) two horses, mules, or donkeys and a saddle, blanket, and bridle for each;
    (B) 12 head of cattle;
    (C) 60 head of other types of livestock; and
    (D) 120 fowl; and
    (11) household pets.
  9. Sec. 42.002. PERSONAL PROPERTY

    (b) Personal property, unless precluded from being encumbered by other law, may be encumbered by a security interest under Subchapter B, Chapter 9, Business & Commerce Code, or Subchapter F, Chapter 501, Transportation Code, or by a lien fixed by other law, and the security interest or lien may not be avoided on the ground that the property is exempt under this chapter.

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