reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 29 - Forced Sale of Owner's Interest in Certain Real Property as Reimbursement for Property Taxes Paid by Co-Owner on Owner's Behalf › Section 29.002. Petition for Forced Sale

Sec. 29.002.  PETITION FOR FORCED SALE.  (a)  A person, including a nonprofit organization, that owns an undivided interest in real property to which this chapter applies may file in the district court in a county in which the property is located a petition for a court order to require another owner of an undivided interest in that property to sell the other owner's interest in the property to the person if:
(1)  the person has paid the other owner's share of ad valorem taxes imposed on the property for any three years in a five-year period or, in the case of a nonprofit organization, has paid the other owner's share of ad valorem taxes imposed on the property for any two years in a three-year period;  and
(2)  the other owner has not reimbursed the person for more than half of the total amount paid by the person for the taxes on the owner's behalf.
(b)  The petition must contain:
(1)  a description of the property;
(2)  the name of each known owner of the property;
(3)  the interest held by each known owner of the property;
(4)  the total amount paid by the petitioner for the defendant's share of ad valorem taxes imposed on the property;  and
(5)  if applicable, the amount paid by the defendant to the petitioner to reimburse the petitioner for paying the defendant's share of ad valorem taxes imposed on the property.
Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 891, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 29 - Forced Sale of Owner's Interest in Certain Real Property as Reimbursement for Property Taxes Paid by Co-Owner on Owner's Behalf › Section 29.003. Hearing on Petition for Forced Sale

Sec. 29.003.  HEARING ON PETITION FOR FORCED SALE.  At a hearing on a petition filed under Section 29.002, the petitioner must prove by clear and convincing evidence that:
(1)  the petitioner has paid the defendant's share of ad valorem taxes imposed on the property that is the subject of the petition for any three years in a five-year period or, in the case of a nonprofit organization, the petitioner has paid the defendant's share of ad valorem taxes imposed on the property that is the subject of the petition for any two years in a three-year period;
(2)  before the date on which the petition was filed the petitioner made a demand that the defendant reimburse the petitioner for the amount of the defendant's share of ad valorem taxes imposed on the property paid by the petitioner;  and
(3)  the defendant has not reimbursed the petitioner more than half of the amount of money the petitioner paid on the defendant's behalf for the defendant's share of ad valorem taxes imposed on the property.
Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 891, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 29 - Forced Sale of Owner's Interest in Certain Real Property as Reimbursement for Property Taxes Paid by Co-Owner on Owner's Behalf › Section 29.0035. Demand to Unknown Defendant

Sec. 29.0035.  DEMAND TO UNKNOWN DEFENDANT.  If the address or identity of the defendant is unknown, the demand of the petitioner for reimbursement from the defendant required by Section 29.003(2) may be met by publication in a newspaper in the county in which the property is located once each week for four consecutive weeks, with the final publication occurring not later than the 30th day before the date on which the petition is filed.  The publication must contain the demand for reimbursement and:
(1)  a general description of the property involved;
(2)  the legal description of the property according to the survey of the property, including the number of the lot and block or any other plat description that may be of record if the property is located in a municipality;
(3)  the county in which the property is located;
(4)  the interest of the defendant;  and
(5)  the name and address of the petitioner.
Added by Acts 2001, 77th Leg., ch. 891, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 29 - Forced Sale of Owner's Interest in Certain Real Property as Reimbursement for Property Taxes Paid by Co-Owner on Owner's Behalf › Section 29.004. Court-Ordered Sale

Sec. 29.004.  COURT-ORDERED SALE.  On completion of the hearing on a petition filed under Section 29.002, if the court is satisfied that the petitioner has made the requisite proof under Section 29.003, the court shall enter an order that divests the defendant's interest in the real property that is the subject of the petition and that orders the petitioner to pay to the defendant an amount computed by subtracting the outstanding amount of money the defendant owes to the petitioner for payment of the defendant's share of ad valorem taxes imposed on the property from the fair market value of the defendant's interest in the property as determined by an independent appraiser appointed by the court.  The court's order may also direct the defendant to execute and deliver to the petitioner a deed that conveys to the petitioner the defendant's interest in the property.
Added by Acts 1995, 74th Leg., ch. 981, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 30 - Writ of Assistance for Repossession of Aircraft › Section 30.01. Definitions

Sec. 30.01.  DEFINITIONS.  In this chapter:
(1)  "Aircraft" means a self-propelled motor vehicle that can be used to transport a person by flight in the air.
(2)  "Repossession" means the recovery of an aircraft that has been sold under a security agreement containing a repossession clause authorizing the lender to recover the aircraft if the borrower defaults under the agreement.
(3)  "Repossession agent" means an individual who is authorized to engage in a repossession for a lender.
Added by Acts 2015, 84th Leg., R.S., Ch. 1125 (H.B. 3901), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 30 - Writ of Assistance for Repossession of Aircraft › Section 30.02. Writ of Assistance for Repossession of Aircraft

Sec. 30.02.  WRIT OF ASSISTANCE FOR REPOSSESSION OF AIRCRAFT.  (a)  A writ of assistance for the repossession of an aircraft authorizes a peace officer to assist and protect a repossession agent in gaining possession of the aircraft while the agent:
(1)  secures the aircraft on site; or
(2)  prepares the aircraft, which may include a mechanical inspection, for removal from the site by flight or otherwise to another location.
(b)  A writ of assistance for the repossession of an aircraft is valid for 30 days.
(c)  A justice court may grant unlimited extensions of a writ of assistance issued under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1125 (H.B. 3901), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 30 - Writ of Assistance for Repossession of Aircraft › Section 30.03. Petition for Writ of Assistance

Sec. 30.03.  PETITION FOR WRIT OF ASSISTANCE.  (a)  A repossession agent may file a petition in a justice court for a writ of assistance for the repossession of an aircraft.
(b)  The repossession agent is entitled to the writ if the repossession agent establishes that:
(1)  the aircraft is subject to the proposed repossession; and
(2)  the repossession agent is authorized to engage in the repossession.
(c)  The petition for the writ must include a copy of:
(1)  the security agreement relating to the aircraft;
(2)  the notice of default under the security agreement sent by the lender to the borrower;
(3)  the instrument in which a power of attorney for the repossession is granted to the repossession agent by the lender; and
(4)  the results of a title search of the Federal Aviation Administration's records for the aircraft.
Added by Acts 2015, 84th Leg., R.S., Ch. 1125 (H.B. 3901), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 31 - Bad Faith Washout of Overriding Royalty Interest in Oil and Gas Lease › Section 31.001. Definitions

Sec. 31.001.  DEFINITIONS.  In this chapter:
(1)  "Bad faith"  means the conscious taking of action for the purpose of washing out all or part of an overriding royalty interest.
(2)  "Washout" means the elimination or reduction of an overriding royalty interest in an oil and gas lease by the forfeiture or surrender of the oil and gas lease by a lessee or the lessee's successors or assigns and the subsequent reacquisition of a lease, or all or part of the mineral estate associated with the lease, by the lessee or the lessee's successors, assigns, contractors, or subsidiaries on all or part of the same land, free of the overriding royalty interest.
Added by Acts 2023, 88th Leg., R.S., Ch. 7 (H.B. 450), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 31 - Bad Faith Washout of Overriding Royalty Interest in Oil and Gas Lease › Section 31.002. Cause of Action for Bad Faith Washout

Sec. 31.002.  CAUSE OF ACTION FOR BAD FAITH WASHOUT.  A person may bring a cause of action for a bad faith washout of the person's overriding royalty interest in an oil and gas lease.  The person is entitled to a remedy under this chapter if the person proves by a preponderance of the evidence that:
(1)  the person owned or had a legal right to the overriding royalty interest;
(2)  the defendant had control over the oil and gas lease burdened by the overriding royalty interest;
(3)  the defendant caused a washout of the person's overriding royalty interest; and
(4)  the defendant acted in bad faith by knowingly or intentionally causing the washout.
Added by Acts 2023, 88th Leg., R.S., Ch. 7 (H.B. 450), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 31 - Bad Faith Washout of Overriding Royalty Interest in Oil and Gas Lease › Section 31.003. Venue

Sec. 31.003.  VENUE.  An owner of an overriding royalty interest in an oil and gas lease may bring an action under this chapter in a district court of a county in which any part of the property subject to the oil and gas lease is located.
Added by Acts 2023, 88th Leg., R.S., Ch. 7 (H.B. 450), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 31 - Bad Faith Washout of Overriding Royalty Interest in Oil and Gas Lease › Section 31.004. Remedies; Costs and Fees

Sec. 31.004.  REMEDIES; COSTS AND FEES.  (a)  An owner of an overriding royalty interest who prevails in an action under this chapter may recover:
(1)  actual damages;
(2)  enforcement of a constructive trust on the oil and gas lease or mineral estate acquired to accomplish the washout of the overriding royalty interest; and
(3)  court costs and attorney's fees.
(b)  The remedies provided by this chapter are cumulative of other remedies provided by common law or statute.
Added by Acts 2023, 88th Leg., R.S., Ch. 7 (H.B. 450), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 4 - Actions and Remedies › Chapter 31 - Bad Faith Washout of Overriding Royalty Interest in Oil and Gas Lease › Section 31.005. Limitation on Filing Action

Sec. 31.005.  LIMITATION ON FILING ACTION.  A person must bring an action under this chapter not later than the second anniversary of the date the person obtained actual knowledge that the washout occurred.
Added by Acts 2023, 88th Leg., R.S., Ch. 7 (H.B. 450), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.001. Interests in Land Exempt From Seizure

Sec. 41.001.  INTERESTS IN LAND EXEMPT FROM SEIZURE.  (a)  A homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors except for encumbrances properly fixed on homestead property.
(b)  Encumbrances may be properly fixed on homestead property for:
(1)  purchase money;
(2)  taxes on the property;
(3)  work and material used in constructing improvements on the property if contracted for in writing as provided by Sections 53.254(a), (b), and (c);
(4)  an owelty of partition imposed against the entirety of the property by a court order or by a written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding;
(5)  the refinance of a lien against a homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the owner;
(6)  an extension of credit that meets the requirements of Section 50(a)(6), Article XVI, Texas Constitution;  or
(7)  a reverse mortgage that meets the requirements of Sections 50(k)-(p), Article XVI, Texas Constitution.
(c)  The homestead claimant's proceeds of a sale of a homestead are not subject to seizure for a creditor's claim for six months after the date of sale.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985;  Acts 1993, 73rd Leg., ch. 48, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 121, Sec. 1.01, eff. May 17, 1995;  Acts 1995, 74th Leg., ch. 121, Sec. 2.01;  Acts 1997, 75th Leg., ch. 526, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 516, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.002. Definition of Homestead

Sec. 41.002.  DEFINITION OF HOMESTEAD.  (a)  If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with any improvements thereon.
(b)  If used for the purposes of a rural home, the homestead shall consist of:
(1)  for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon;  or
(2)  for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon.
(c)  A homestead is considered to be urban if, at the time the designation is made, the property is:
(1)  located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision;  and
(2)  served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality:
(A)  electric;
(B)  natural gas;
(C)  sewer;
(D)  storm sewer;  and
(E)  water.
(d)  The definition of a homestead as provided in this section applies to all homesteads in this state whenever created.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985;  Acts 1989, 71st Leg., ch. 391, Sec. 2, eff. Aug. 28, 1989;  Acts 1999, 76th Leg., ch. 1510, Sec. 1, eff. Jan. 1, 2000;  Acts 1999, 76th Leg., ch. 1510, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.0021. Homestead in Qualifying Trust

Sec. 41.0021.  HOMESTEAD IN QUALIFYING TRUST.  (a)  In this section, "qualifying trust" means an express trust:
(1)  in which the instrument or court order creating the express trust, an instrument transferring property to the trust, or any other agreement that is binding on the trustee provides that a settlor or beneficiary of the trust has the right to:
(A)  revoke the trust without the consent of another person other than a spouse who is also a settlor of the trust;
(B)  exercise an inter vivos general power of appointment over the property that qualifies for the homestead exemption, either alone or when aggregated with property subject to an inter vivos general power of appointment held by a spouse who is also a settlor of the trust; or
(C)  use and occupy the residential property as the settlor's or beneficiary's principal residence at no cost, or rent free and without charge, except for taxes and other costs and expenses specified in the instrument or court order:
(i)  for the life of the settlor or beneficiary;
(ii)  for the shorter of the life of the settlor or beneficiary or a term of years specified in the instrument or court order; or
(iii)  until the date the trust is revoked or terminated by an instrument or court order that describes the property with sufficient certainty to identify the property and that is recorded in the real property records of the county in which the property is located; and
(2)  the trustee of which acquires the property in an instrument of title or under a court order that:
(A)  describes the property with sufficient certainty to identify the property and the interest acquired; and
(B)  is recorded in the real property records of the county in which the property is located.
(b)  Property that a settlor or beneficiary occupies and uses in a manner described by this subchapter and in which the settlor or beneficiary owns a beneficial interest through a qualifying trust is considered the homestead of the settlor or beneficiary under Section 50, Article XVI, Texas Constitution, and Section 41.001.
(c)  A married person who transfers property to the trustee of a qualifying trust must comply with the requirements relating to the joinder of the person's spouse as provided by Chapter 5, Family Code.
(d)  A trustee may sell, convey, or encumber property transferred as described by Subsection (c) without the joinder of either spouse unless expressly prohibited by the instrument or court order creating the trust.
(e)  This section does not affect the rights of a surviving spouse or surviving children under Section 52, Article XVI, Texas Constitution, or Chapter 353, Estates Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 984 (H.B. 3767), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 12, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 446 (H.B. 2196), Sec. 1, eff. June 9, 2023.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.003. Temporary Renting of a Homestead

Sec. 41.003.  TEMPORARY RENTING OF A HOMESTEAD.  Temporary renting of a homestead does not change its homestead character if the homestead claimant has not acquired another homestead.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.004. Abandonment of a Homestead

Sec. 41.004.  ABANDONMENT OF A HOMESTEAD.  If a homestead claimant is married, a homestead cannot be abandoned without the consent of the claimant's spouse.
Added by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.0051. Disclaimer and Disclosure Required

Sec. 41.0051.  DISCLAIMER AND DISCLOSURE REQUIRED.  (a)  A person may not deliver a written advertisement offering, for a fee, to designate property as a homestead as provided by Section 41.005 unless there is a disclaimer on the advertisement that is conspicuous and printed in 14-point boldface type or 14-point uppercase typewritten letters that makes the following statement or a substantially similar statement:
THIS DOCUMENT IS AN ADVERTISEMENT OF SERVICES. IT IS NOT AN OFFICIAL DOCUMENT OF THE STATE OF TEXAS.
(b)  A person who solicits solely by mail or by telephone a homeowner to pay a fee for the service of applying for a property tax refund from a tax appraisal district or other governmental body on behalf of the homeowner shall, before accepting money from the homeowner or signing a contract with the homeowner for the person's services, disclose to the homeowner the name of the tax appraisal district or other governmental body that owes the homeowner a refund.
(c)  A person's failure to provide a disclaimer on an advertisement as required by Subsection (a) or to provide the disclosure required by Subsection (b) is considered a false, misleading, or deceptive act or practice for purposes of Section 17.46(a), Business & Commerce Code, and is subject to action by the consumer protection division of the attorney general's office as provided by Section 17.46(a), Business & Commerce Code.
Added by Acts 2001, 77th Leg., ch. 341, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1191, Sec. 1, 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.006. Certain Sales of Homestead

Sec. 41.006.  CERTAIN SALES OF HOMESTEAD.  (a)  Except as provided by Subsection (c), any sale or purported sale in whole or in part of a homestead at a fixed purchase price that is less than the appraised fair market value of the property at the time of the sale or purported sale, and in connection with which the buyer of the property executes a lease of the property to the seller at lease payments that exceed the fair rental value of the property, is considered to be a loan with all payments made from the seller to the buyer in excess of the sales price considered to be interest subject to Title 4, Finance Code.
(b)  The taking of any deed in connection with a transaction described by this section is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and the deed is void and no lien attaches to the homestead property as a result of the purported sale.
(c)  This section does not apply to the sale of a family homestead to a parent, stepparent, grandparent, child, stepchild, brother, half brother, sister, half sister, or grandchild of an adult member of the family.
Added by Acts 1987, 70th Leg., ch. 1130, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.84, eff. Sept. 1, 1999.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.007. Home Improvement Contract

Sec. 41.007.  HOME IMPROVEMENT CONTRACT.  (a)  A contract for improvements to an existing residence described by Section 41.001(b)(3) must contain:
(1)  the contractor's certificate of registration number from the Texas Residential Construction Commission if the contractor is required to register as a builder with the commission;
(2)  the address and telephone number at which the owner may file a complaint with the Texas Residential Construction Commission about the conduct of the contractor if the contractor is required to register as a builder with the commission; and
(3)  the following warning conspicuously printed, stamped, or typed in a size equal to at least 10-point bold type or computer equivalent:
"IMPORTANT NOTICE:  You and your contractor are responsible for meeting the terms and conditions of this contract.  If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home.  KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW."
(b)  A violation of Subsection (a) of this section is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and is actionable in a public or private suit brought under the provisions of the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code).
(c)  A provision of a contract for improvements to an existing residence described by Section 41.001(b)(3) that requires the parties to submit a dispute arising under the contract to binding arbitration must be conspicuously printed or typed in a size equal to at least 10-point bold type or the computer equivalent.
(d)  A provision described by Subsection (c) is not enforceable against the owner unless the requirements of Subsection (c) are met.
Added by Acts 1987, 70th Leg., ch. 116, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 41.005 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(30), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 4, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 843 (H.B. 1038), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter A. Exemptions in Land Defined › Section 41.008. Conflict With Federal Law

Sec. 41.008.  CONFLICT WITH FEDERAL LAW.  To the extent of any conflict between this subchapter and any federal law that imposes an upper limit on the amount, including the monetary amount or acreage amount, of homestead property a person may exempt from seizure, this subchapter prevails to the extent allowed under federal law.
Added by Acts 1999, 76th Leg., ch. 1510, Sec. 4.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter B. Designation of a Homestead in Aid of Enforcement of a Judgment Debt › Section 41.021. Notice to Designate

Sec. 41.021.  NOTICE TO DESIGNATE.  If an execution is issued against a holder of an interest in land of which a homestead may be a part and the judgment debtor has not made a voluntary designation of a homestead under Section 41.005, the judgment creditor may give the judgment debtor notice to designate the homestead as defined in Section 41.002.  The notice shall state that if the judgment debtor fails to designate the homestead within the time allowed by Section 41.022, the court will appoint a commissioner to make the designation at the expense of the judgment debtor.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985;  Acts 1987, 70th Leg., ch. 727, Sec. 2, eff. Aug. 31, 1987.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter B. Designation of a Homestead in Aid of Enforcement of a Judgment Debt › Section 41.022. Designation by Homestead Claimant

Sec. 41.022.  DESIGNATION BY HOMESTEAD CLAIMANT.  At any time before 10 a.m. on the Monday next after the expiration of 20 days after the date of service of the notice to designate, the judgment debtor may designate the homestead as defined in Section 41.002 by filing a written designation, signed by the judgment debtor, with the justice or clerk of the court from which the writ of execution was issued, together with a plat of the area designated.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter B. Designation of a Homestead in Aid of Enforcement of a Judgment Debt › Section 41.023. Designation by Commissioner

Sec. 41.023.  DESIGNATION BY COMMISSIONER.  (a)  If a judgment debtor who has not made a voluntary designation of a homestead under Section 41.005 does not designate a homestead as provided in Section 41.022, on motion of the judgment creditor, filed within 90 days after the issuance of the writ of execution, the court from which the writ of execution issued shall appoint a commissioner to designate the judgment debtor's homestead.  The court may appoint a surveyor and others as may be necessary to assist the commissioner.  The commissioner shall file his designation of the judgment debtor's homestead in a written report, together with a plat of the area designated, with the justice or clerk of the court not more than 60 days after the order of appointment is signed or within such time as the court may allow.
(b)  Within 10 days after the commissioner's report is filed, the judgment debtor or the judgment creditor may request a hearing on the issue of whether the report should be confirmed, rejected, or modified as may be deemed appropriate in the particular circumstances of the case.  The commissioner's report may be contradicted by evidence from either party, when exceptions to it or any item thereof have been filed before the hearing, but not otherwise.  After the hearing, or if there is no hearing requested, the court shall designate the homestead as deemed appropriate and order sale of the excess.
(c)  The commissioner, a surveyor, and others appointed to assist the commissioner are entitled to such fees and expenses as are deemed reasonable by the court.  The court shall tax these fees and expenses against the judgment debtor as part of the costs of execution.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985;  Acts 1987, 70th Leg., ch. 727, Sec. 3, eff. Aug. 31, 1987.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 41 - Interests in Land › Subchapter B. Designation of a Homestead in Aid of Enforcement of a Judgment Debt › Section 41.024. Sale of Excess

Sec. 41.024.  SALE OF EXCESS.  An officer holding an execution sale of property of a judgment debtor whose homestead has been designated under this chapter may sell the excess of the judgment debtor's interest in land not included in the homestead.
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985;  Acts 1987, 70th Leg., ch. 727, Sec. 4, eff. Aug. 31, 1987.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 42 - Personal Property › Section 42.001. Personal Property Exemption

Sec. 42.001.  PERSONAL PROPERTY EXEMPTION.  (a)  Personal property, as described in Section 42.002, is exempt from garnishment, attachment, execution, or other seizure if:
(1)  the property is provided for a family and has an aggregate fair market value of not more than $100,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property; or
(2)  the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than $50,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property.
(b)  The following personal property is exempt from seizure and is not included in the aggregate limitations prescribed by Subsection (a):
(1)  current wages for personal services, except for the enforcement of court-ordered child support payments;
(2)  professionally prescribed health aids of a debtor or a dependent of a debtor;
(3)  alimony, support, or separate maintenance received or to be received by the debtor for the support of the debtor or a dependent of the debtor; and
(4)  a religious bible or other book containing sacred writings of a religion that is seized by a creditor other than a lessor of real property who is exercising the lessor's contractual or statutory right to seize personal property after a tenant breaches a lease agreement for or abandons the real property.
(c)  Except as provided by Subsection (b)(4), this section does not prevent seizure by a secured creditor with a contractual landlord's lien or other security in the property to be seized.
(d)  Unpaid commissions for personal services not to exceed 25 percent of the aggregate limitations prescribed by Subsection (a) are exempt from seizure and are included in the aggregate.
(e)  A religious bible or other book described by Subsection (b)(4) that is seized by a lessor of real property in the exercise of the lessor's contractual or statutory right to seize personal property after a tenant breaches a lease agreement for the real property or abandons the real property may not be included in the aggregate limitations prescribed by Subsection (a).
Acts 1983, 68th Leg., p. 3522, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 175, Sec. 1, eff. May 24, 1991;  Acts 1997, 75th Leg., ch. 1046, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 444 (H.B. 167), Sec. 1, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 793 (H.B. 2706), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 42 - Personal Property › Section 42.002. Personal Property

Sec. 42.002.  PERSONAL PROPERTY.  (a)  The following personal property is exempt under Section 42.001(a):
(1)  home furnishings, including family heirlooms;
(2)  provisions for consumption;
(3)  farming or ranching vehicles and implements;
(4)  tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession;
(5)  wearing apparel;
(6)  jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a);
(7)  two firearms;
(8)  athletic and sporting equipment, including bicycles;
(9)  a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person;
(10)  the following animals and forage on hand for their consumption:
(A)  two horses, mules, or donkeys and a saddle, blanket, and bridle for each;
(B)  12 head of cattle;
(C)  60 head of other types of livestock;  and
(D)  120 fowl;  and
(11)  household pets.
(b)  Personal property, unless precluded from being encumbered by other law, may be encumbered by a security interest under Subchapter B, Chapter 9, Business & Commerce Code, or Subchapter F, Chapter 501, Transportation Code, or by a lien fixed by other law, and the security interest or lien may not be avoided on the ground that the property is exempt under this chapter.
Acts 1983, 68th Leg., p. 3522, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 175, Sec. 1, eff. May 24, 1991;  Acts 1993, 73rd Leg., ch. 216, Sec. 1, eff. May, 17, 1993;  Acts 1997, 75th Leg., ch. 165, Sec. 30.245, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 414, Sec. 2.36, eff. July 1, 2001;  Acts 1999, 76th Leg., ch. 846, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 42 - Personal Property › Section 42.003. Designation of Exempt Property

Sec. 42.003.  DESIGNATION OF EXEMPT PROPERTY.  (a)  If the number or amount of a type of personal property owned by a debtor exceeds the exemption allowed by Section 42.002 and the debtor can be found in the county where the property is located, the officer making a levy on the property shall ask the debtor to designate the personal property to be levied on.  If the debtor cannot be found in the county or the debtor fails to make a designation within a reasonable time after the officer's request, the officer shall make the designation.
(b)  If the aggregate value of a debtor's personal property exceeds the amount exempt from seizure under Section 42.001(a), the debtor may designate the portion of the property to be levied on.  If, after a court's request, the debtor fails to make a designation within a reasonable time or if for any reason a creditor contests that the property is exempt, the court shall make the designation.
Acts 1983, 68th Leg., p. 3524, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 175, Sec. 1, eff. May 24, 1991.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 42 - Personal Property › Section 42.004. Transfer of Nonexempt Property

Sec. 42.004.  TRANSFER OF NONEXEMPT PROPERTY.  (a)  If a person uses the property not exempt under this chapter to acquire, obtain an interest in, make improvement to, or pay an indebtedness on personal property which would be exempt under this chapter with the intent to defraud, delay, or hinder an interested person from obtaining that to which the interested person is or may be entitled, the property, interest, or improvement acquired is not exempt from seizure for the satisfaction of liabilities.  If the property, interest, or improvement is acquired by discharging an encumbrance held by a third person, a person defrauded, delayed, or hindered is subrogated to the rights of the third person.
(b)  A creditor may not assert a claim under this section more than two years after the transaction from which the claim arises.  A person with a claim that is unliquidated or contingent at the time of the transaction may not assert a claim under this section more than one year after the claim is reduced to judgment.
(c)  It is a defense to a claim under this section that the transfer was made in the ordinary course of business by the person making the transfer.
Acts 1983, 68th Leg., p. 3524, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1991, 72nd Leg., ch. 175, Sec. 1, eff. May 24, 1991.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 42 - Personal Property › Section 42.005. Child Support Liens

Sec. 42.005.  CHILD SUPPORT LIENS.  (a)  Except as provided by Subsection (b), Sections 42.001, 42.002, and 42.0021 do not apply to a child support lien established under Subchapter G, Chapter 157, Family Code.
(b)  The exemption from attachment, execution, and seizure for the satisfaction of debts provided under Section 42.0021 for a plan or account described by Section 42.0021(a)(8), (9), or (10) applies to a child support lien established under Subchapter G, Chapter 157, Family Code.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 4.07, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.56, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 320 (H.B. 2779), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 43 - Exempt Public Property › Section 43.001. Exempt Public Library

Sec. 43.001.  EXEMPT PUBLIC LIBRARY.  A public library is exempt from attachment, execution, and forced sale.
Acts 1983, 68th Leg., p. 3525, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 43 - Exempt Public Property › Section 43.002. Exempt Property

Sec. 43.002.  EXEMPT PROPERTY.  The real property of the state, including the real property held in the name of state agencies and funds, and the real property of a political subdivision of the state are exempt from attachment, execution, and forced sale.  A judgment lien or abstract of judgment may not be filed or perfected against the state, a unit of state government, or a political subdivision of the state on property owned by the state, a unit of state government, or a political subdivision of the state;  any such judgment lien or abstract of judgment is void and unenforceable.
Added by Acts 1997, 75th Leg., ch. 159, Sec. 1, eff. May 20, 1997.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 44 - Taxation of Retirement Benefits by Another State › Section 44.001. Definition

Sec. 44.001.  DEFINITION.  In this chapter, "pension or other retirement plan" includes:
(1)  an annuity, pension, or profit-sharing or stock bonus or similar plan established to provide retirement benefits for an officer or employee of a public or private employer or for a self-employed individual;
(2)  an annuity, pension, or military retirement pay plan or other retirement plan administered by the United States;  and
(3)  an individual retirement account.
Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 44 - Taxation of Retirement Benefits by Another State › Section 44.002. Property Exempt

Sec. 44.002.  PROPERTY EXEMPT.  All property in this state is exempt from attachment, execution, and seizure for the satisfaction of a judgment or claim in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan.
Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle A - Property Exempt From Creditors' Claims › Chapter 44 - Taxation of Retirement Benefits by Another State › Section 44.003. Lien Not Created

Sec. 44.003.  LIEN NOT CREATED.  A claim or judgment in favor of another state or political subdivision of another state for failure to pay that state's or that political subdivision's income tax on benefits received from a pension or other retirement plan may not be a lien on any property in this state owned by a resident of this state.
Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.0001. Definitions

Sec. 51.0001.  DEFINITIONS.  In this chapter:
(1)  "Book entry system" means a national book entry system for registering a beneficial interest in a security instrument that acts as a nominee for the grantee, beneficiary, owner, or holder of the security instrument and its successors and assigns.
(2)  "Debtor's last known address" means:
(A)  for a debt secured by the debtor's residence, the debtor's residence address unless the debtor provided the mortgage servicer a written change of address before the date the mortgage servicer mailed a notice required by Section 51.002;  or
(B)  for a debt other than a debt described by Paragraph (A), the debtor's last known address as shown by the records of the mortgage servicer of the security instrument unless the debtor provided the current mortgage servicer a written change of address before the date the mortgage servicer mailed a notice required by Section 51.002.
(3)  "Mortgage servicer" means the last person to whom a mortgagor has been instructed by the current mortgagee to send payments for the debt secured by a security instrument.  A mortgagee may be the mortgage servicer.
(4)  "Mortgagee" means:
(A)  the grantee, beneficiary, owner, or holder of a security instrument;
(B)  a book entry system;  or
(C)  if the security interest has been assigned of record, the last person to whom the security interest has been assigned of record.
(5)  "Mortgagor" means the grantor of a security instrument.
(6)  "Security instrument" means a deed of trust, mortgage, or other contract lien on an interest in real property.
(7)  "Substitute trustee" means a person appointed by the current mortgagee or mortgage servicer under the terms of the security instrument to exercise the power of sale.
(8)  "Trustee" means a person or persons authorized to exercise the power of sale under the terms of a security instrument in accordance with Section 51.0074.
Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 903 (H.B. 2738), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.001. Effect on Other Liens

Sec. 51.001.  EFFECT ON OTHER LIENS.  Except as provided by Chapter 59, this subtitle does not affect:
(1)  the right to create a lien by special contract or agreement;  or
(2)  a lien that is not treated in this subtitle, including a lien arising under common law, in equity, or under another statute of this state.
Acts 1983, 68th Leg., p. 3525, ch. 576, Sec. 1, eff. Jan. 1, 1984.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.0011. Default Arising From Delinquent Ad Valorem Taxes: Installment Agreements

Sec. 51.0011.  DEFAULT ARISING FROM DELINQUENT AD VALOREM TAXES: INSTALLMENT AGREEMENTS.  (a)  Notwithstanding any agreement to the contrary, a debtor is not in default under a deed of trust or other contract lien on real property used as the debtor's residence for the delinquent payment of ad valorem taxes if:
(1)  the debtor gave notice to the mortgage servicer of the intent to enter into an installment agreement with the taxing unit under Section 33.02, Tax Code, for the payment of the taxes at least 10 days before the date the debtor entered into the agreement; and
(2)  the property is protected from seizure and sale and a suit may not be filed to collect a delinquent tax on the property as provided by Section 33.02(d), Tax Code.
(b)  A mortgage servicer who receives a notice described by Subsection (a)(1) may pay the taxes subject to the installment agreement at any time.
(c)  A mortgage servicer who receives a notice described by Subsection (a)(1) and gives the debtor notice that the mortgage servicer intends to accelerate the note securing the deed of trust or other contract lien as a result of the delinquency of the taxes that are subject to the installment agreement must rescind the notice if the debtor enters into the agreement not later than the 30th day after the date the debtor delivers the notice.
Added by Acts 2013, 83rd Leg., R.S., Ch. 935 (H.B. 1597), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.0021. Notice of Change of Address Required

Sec. 51.0021.  NOTICE OF CHANGE OF ADDRESS REQUIRED.  A debtor shall inform the mortgage servicer of the debt in a reasonable manner of any change of address of the debtor for purposes of providing notice to the debtor under Section 51.002.
Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.
2023 Texas Statutes › Property Code › Title 5 - Exempt Property and Liens › Subtitle B - Liens › Chapter 51 - Provisions Generally Applicable to Liens › Section 51.0025. Administration of Foreclosure by Mortgage Servicer

Sec. 51.0025.  ADMINISTRATION OF FORECLOSURE BY MORTGAGE SERVICER.  A mortgage servicer may administer the foreclosure of property under Section 51.002 on behalf of a mortgagee if:
(1)  the mortgage servicer and the mortgagee have entered into an agreement granting the current mortgage servicer authority to service the mortgage; and
(2)  the notices required under Section 51.002(b) disclose  that the mortgage servicer is representing the mortgagee under a servicing agreement with the mortgagee and the name of the mortgagee and:
(A)  the address of the mortgagee; or
(B)  the address of the mortgage servicer, if there is an agreement granting a mortgage servicer the authority to service the mortgage.
Added by Acts 2003, 78th Leg., ch. 554, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 555 (H.B. 1235), Sec. 2, eff. September 1, 2005.