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AN ACT
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relating to exempting a religious bible from attachment, execution, |
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or other seizure for the satisfaction of debts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.001, Property Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (e) to read |
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as follows: |
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(b) The following personal property is exempt from seizure |
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and is not included in the aggregate limitations prescribed by |
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Subsection (a): |
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(1) current wages for personal services, except for |
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the enforcement of court-ordered child support payments; |
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(2) professionally prescribed health aids of a debtor |
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or a dependent of a debtor; [and] |
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(3) alimony, support, or separate maintenance |
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received or to be received by the debtor for the support of the |
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debtor or a dependent of the debtor; and |
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(4) a religious bible or other book containing sacred |
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writings of a religion that is seized by a creditor other than a |
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lessor of real property who is exercising the lessor's contractual |
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or statutory right to seize personal property after a tenant |
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breaches a lease agreement for or abandons the real property. |
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(c) Except as provided by Subsection (b)(4), this [This] |
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section does not prevent seizure by a secured creditor with a |
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contractual landlord's lien or other security in the property to be |
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seized. |
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(e) A religious bible or other book described by Subsection |
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(b)(4) that is seized by a lessor of real property in the exercise |
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of the lessor's contractual or statutory right to seize personal |
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property after a tenant breaches a lease agreement for the real |
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property or abandons the real property may not be included in the |
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aggregate limitations prescribed by Subsection (a). |
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SECTION 2. The changes in law made by this Act do not apply |
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to property that is, as of the effective date of this Act, subject |
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to a voluntary bankruptcy proceeding or to valid claims of a holder |
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of a final judgment who has, by levy or other legal process, |
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obtained rights superior to those that would otherwise be held by a |
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trustee in bankruptcy if a bankruptcy petition were then pending |
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against the debtor. That property is subject to the law as it |
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existed immediately before the effective date of this Act, and the |
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prior law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 167 was passed by the House on March |
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28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 167 on May 17, 2007, by the following vote: Yeas 144, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 167 was passed by the Senate, with |
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amendments, on May 15, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |