### THE ATTORSET GENERAL OF TEXAS October6,1987

Honorable Neal Birmingham Opinion No. JR-807 Cass County District Attorney P. 0. Box 940 Re: Whether $30,000 isthe Linden, Texas 75563 aggregate limit on articles exempt **from** execution under sections 42.001 and 42.002 of the Property Code Dear Mr. Birmingham:
You ask the following question:
Is the property 'eligible forthe exemption' under Sec. 42.002 Property Code property that the owner may retain free of execution regardless ofvalue ormay the owner retain title to only those items ofproperty set out in Sec. 42.002 that do not exceed inthe aggregate, $30,000.00 for a family or $lS,OOO.OO fora single adult? The Texas Constitution makes itthe duty of the legislature toprotect from forced sale acertain portion ofpersonal property ofheads of family and of unmarried adults. Tex. Const. art. XVI, 516. The legislature has carried out that duty by enacting articles 42.001 and 42.002 of the Property Code. Section 42.001 provides:

(a)Eligible personal property that is owned by a family and that has an aggregate fairmarket value of notmore than $30,000 isexempt fromattachment, execution, and seizure for the satisfaction of debts, except for encumbrances properly fixed on the property. (b)Eligible personal property that is owned by a single adultwho isnot a **member** of a family and that has anaggregate fair market value ofnot more than $15,000 is exempt from attachment, execution, and

p.3818Honorable Neal Birmingham -Page 2 (m-807)

seizure for the satisfaction of debts, except for encumbrances properly fixed on the property. (c) The exemption provided in this section does not apply to a debt that is secured by a lien on the property or that is due for rents oradvances froma landlord to the landlord's tenant. Section 42.002 sets out items of property that are "eligible for the exemption." Your question is whether the listed **items** are exempt regardless of **value** orwhether the listed items are exempt only as long as the aggregate value isnot greater than the relevant limit set out in section 42.001. Section 42.001 states that "eligibleSVitemsup to a specified amount are exempt. Section 42.002 lists "eligible" items. Those provisions, read together, make clear that only the items listed insection 42.002 may be claimed under the exemption and that listed itemsmay only .beclaimed to the extent that their aggregate value does not exceed the relevant limit set out in section 42.001. The Property Code isthe product ofa nonsubstantive recodification. Acts 1983, 68thbeg., ch. 576, 51.001(a). The prior statute governing exempt personal property provided: Personal property (not to exceed

aggregate fairmarket value of $15,000 f:: each single, adult person, not aconstituent ofa family, or 530,000 for a family) is exempt fromattachment, execution and every type of seizure for the satisfaction of liabilities, except for encumbrances properly fixed thereon, if included among ,thefollowing: [listomitted].
Acts 1973, 63rd beg., ch. 588, 52, at 1628 (codified at V.T.C.S. art. 3836). The parenthetical inthat provision leaves no room fordoubt that the list of exempt personal property was intended to create an exemption only for personal property that does not exceed a fairmarket value of $30,000 fora family or $15,000 fora single person. a Acts 1935, 44th Leg., ch. 145, 51,at 384 (repealedby Acts 1973, 63rd beg., ch. 588, 54, at 1629) (former law



### p.3819Honorable Neal Birmingham -Page 3 (JR-807)

set out specific items of exempt personal property with no limit onvalue). 

### SUMMARY

The items listed inarticle 42.001 of the Property Code are the only items thatmay be claimed as exempt under article 42.002 of the Property Code, and the listed items may be claimed only to the extent that their aggregate fairmarket value does not exceed $30,000 fora family or $15,000 for a single adult.
-Jkg~*

Attorney General 

### ofTexas
WARYKELLER Executive Assistant Attorney General JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General RICK GILPIN Chairman, Opinion Committee Prepared by Sarah Woelk Assistant Attorney General

p. **3820**