Texas Statutes
Subchapter A. Supreme Court
Section 22.0042. Rules Regarding Exemptions From Seizure of Property; Form

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 receiver appointed under Section 31.002, Civil Practice and Remedies Code;
(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) require a court to promptly set a hearing and stay proceedings until a hearing is held, if a judgment debtor timely asserts an exemption under Subdivision (1).
(b) Rules adopted under this section shall require the provision of a notice in plain language to a judgment debtor regarding the right of the judgment debtor to assert one or more exemptions under Subsection (a)(1). The notice must:
(1) be in English with an integrated Spanish translation that can be readily understood by the public and the court;
(2) include the form promulgated under Subsection (c);
(3) list all exemptions under state and federal law to the seizure of personal property; and
(4) 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 15.01, eff. September 1, 2021.

Structure Texas Statutes

Texas Statutes

Government Code

Title 2 - Judicial Branch

Subtitle A - Courts

Chapter 22 - Appellate Courts

Subchapter A. Supreme Court

Section 22.001. Jurisdiction

Section 22.002. Writ Power

Section 22.003. Procedure of the Court

Section 22.0035. Modification or Suspension of Certain Provisions Relating to Court Proceedings Affected by Disaster

Section 22.004. Rules of Civil Procedure

Section 22.0041. Rules Regarding Foreign Law and Foreign Judgments in Certain Family Law Actions

Section 22.0042. Rules Regarding Exemptions From Seizure of Property; Form

Section 22.005. Disqualification of Justices

Section 22.006. Adjournment

Section 22.007. Petition for Review

Section 22.008. Publication of Decisions

Section 22.009. Stenographers; Bailiff

Section 22.010. Sealing of Court Records

Section 22.011. Judicial Instruction Related to Family Violence, Sexual Assault, Trafficking of Persons, and Child Abuse

Section 22.012. Training Related to Diversions

Section 22.013. Judicial Instruction Related to Guardianship Issues

Section 22.0135. Judicial Guidance Related to Child Protective Services Cases and Juvenile Cases

Section 22.014. Senior Justice Acting for Chief Justice

Section 22.015. Permanent Place Designations

Section 22.017. Grants by Commissions Established by Supreme Court

Section 22.018. Promulgation of Forms for Certain Expedited Foreclosure Proceedings

Section 22.019. Promulgation of Certain Landlord-Tenant Forms

Section 22.020. Promulgation of Certain Probate Forms

Section 22.022. Judicial Instruction Related to Foreign Law and Foreign Judgments