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 court order under this   section must exempt 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 from freezing and turnover.   This subsection does not apply to the enforcement of court-ordered   alimony, child support, or spousal maintenance payments.          SECTION 4.  Chapter 63, Civil Practices and Remedies Code,   is amended by adding Section 63.009 to read as follows:          Sec. 63.009  EXEMPTION FOR BASIC NEEDS. For collection of   judgments on consumer debt, as defined by Texas Finance Code   Section 392.001(2), 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 is exempt and shall not be   frozen or turned over. A writ of garnishment issued under this   chapter to collect a consumer debt must instruct the garnishee to   exempt this total amount. This section does not apply to the   enforcement of court-ordered alimony, child support, or spousal   maintenance payments.           SECTION 5.  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 6.  This Act takes effect September 1, 2021.