Section 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.Tex. Gov't. Code § 22.0042
Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 934,Sec. 15.01, eff. 9/1/2021.