Texas § GV.22.0042 - RULES REGARDING EXEMPTIONS FROM SEIZURE OF PROPERTY

§ GV.22.0042. RULES REGARDING EXEMPTIONS FROM SEIZURE OF PROPERTY

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.