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Texas Laws | Property Code
PROPERTY CODE
TITLE 5. EXEMPT PROPERTY AND LIENS

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. (2504)

Sec. 42.004. TRANSFER OF NONEXEMPT PROPERTY. (2505)(Text)

(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. (2506)

(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. (2507)

(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. (2508)

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. (2509)

Sec. 42.005. CHILD SUPPORT LIENS. (2510)(Text)

Sections 42.001, 42.002, and 42.0021 of this code do not apply to a child support lien established under Subchapter G, Chapter 157, Family Code. (2511)

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. (2512)

CHAPTER 43. EXEMPT PUBLIC PROPERTY (2513)(Text)
Sec. 43.001. EXEMPT PUBLIC LIBRARY. (2514)(Text)

A public library is exempt from attachment, execution, and forced sale. (2515)

Acts 1983, 68th Leg., p. 3525, ch. 576, Sec. 1, eff. Jan. 1, 1984. (2516)

Sec. 43.002. EXEMPT PROPERTY. (2517)(Text)

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. (2518)

Added by Acts 1997, 75th Leg., ch. 159, Sec. 1, eff. May 20, 1997. (2519)

CHAPTER 44. TAXATION OF RETIREMENT BENEFITS BY ANOTHER STATE (2520)(Text)
Sec. 44.001. DEFINITION. (2521)(Text)

In this chapter, "pension or other retirement plan" includes: (2522)

(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; (2523)

(2) an annuity, pension, or military retirement pay plan or other retirement plan administered by the United States; and (2524)

(3) an individual retirement account. (2525)

Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993. (2526)

Sec. 44.002. PROPERTY EXEMPT. (2527)(Text)

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. (2528)

Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993. (2529)

Sec. 44.003. LIEN NOT CREATED. (2530)(Text)

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. (2531)

Added by Acts 1993, 73rd Leg., ch. 95, Sec. 1, eff. May 7, 1993. (2532)

SUBTITLE B. LIENS (2533)(Text)

CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO LIENS (2534)(Text)
Sec. 51.0001. DEFINITIONS. (2535)(Text)

In this chapter: (2536)

(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. (2537)

(2) "Debtor's last known address" means: (2538)

(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 (2539)

(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. (2540)

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