By: Leach H.B. No. 3481       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 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 court order under this   section must exempt an amount to cover basic needs equal to $3,000   from freezing and turnover. The order must direct the judgment   creditor or receiver to apply the exemption under this section to   amounts in a demand deposit account first, followed by any other   accounts, as applicable. In the event the judgment debtor has more   than one demand deposit account or other combination of accounts,   the exemption shall be applied to the largest demand deposit   account first followed by any additional accounts in the order of   most to least funds available. The exemption provided in this   section includes any amounts protected under 31 C.F.R. Part 212 and   does not limit other exemptions to the extent those exemptions   exceed this amount. This subsection does not apply to the   enforcement of court-ordered alimony, child support, or spousal   maintenance payments.          SECTION 2.  Section 31.002, Civil Practices and Remedies   Code is amended by adding Subsection (j) to read as follows:          (j)  In implementing subsection (i) with regard to an account   held on behalf of a judgment debtor by a financial institution, an   order under this section shall direct the judgment creditor or   receiver in the first instance to send a levy letter to the   financial institution. With that levy letter, the judgment creditor   or receiver shall include a separate form that is identical to or   substantially the same as subsection (k).          Section 3. Section 31.002, Civil Practices and Remedies Code   is amended by adding Subsection (k) to read as follows:          (k)  The following demand for information, when completed,   meets the obligations of the judgment creditor or receiver under   subsection (j):   DUTIES OF FINANCIAL INSTITUTION   As noted in the levy letter and its attachments, the judgment   debtor, ____________ (name of judgment debtor), has an unsatisfied   judgment debt and is obligated by an order of the court to turnover   non-exempt assets to the [identify judgment creditor or receiver]   to satisfy that debt. Any funds equal to or less than $3,000 are not   subject to levy and shall not be disbursed to a judgment creditor or   receiver in response to a levy letter. As reflected by the court   order attached to the levy letter, this exemption shall be applied   to the largest demand deposit account first followed by any   additional accounts in the order of most to least funds available.   The exemption provided in this section includes any amounts   protected under 31 C.F.R. Part 212 and does not limit those amounts   or other amounts protected under other exemptions to the extent   those exemptions exceed this amount. This exemption does not apply   to the enforcement of court-ordered alimony, child support, or   spousal maintenance payments.          SECTION 4.  Section 31.010(a), Civil Practices and Remedies   Code is amended by adding paragraph (3) to read as follows:                (3)  A duties of financial institution form in the same   or substantially the same form as set forth in section 31.002(k).          SECTION 5.  This Act takes effect September 1, 2023.