Tex. Prop. Code § 42.002
Personal Property
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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.
Notes of Decisions
Cited in 69
cases (5 in the last 5 years), 1985–2026 · leading case: In Re Leva
In Re Leva (1989)
“Tex.Prop.Code, § 42.002. Finally, within some categories, a debtor is further restricted to keeping items only to the extent they are reasonably necessary.”
Roosth v. Roosth (1994)
“As to life insurance policies, Tex. Prop.Code Ann. § 42.002 provides an exemption for the following: (12) the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a…”
FNFS, Ltd. v. Harwood (In Re Harwood) (2009)
“Thus, the Court concludes that the Amended Objections to Exemptions filed by FNFS and B & W should be sustained in part and denied in part and that the Debtor’s claims of exemption under Tex. PROP.Code § 42.002(a)(1) & (8) are hereby denied as to the following items: photo…”
Hickey v. Couchman (1990)
“002(3)(E) and (4)(B); however, when requested, the debtor did not designate them as exempt.”
Leibman v. Grand (1998)
“In Roosth , for example, the court found that the appellant sufficiently established entitlement to the exemption in Tex.Prop.Code Ann. § 42.002(12)(Vemon Supp.”
In the Matter of Francisco A. Fernandez and Maura M. Fernandez, Debtors. Francisco A. Fernandez and Maura M. Fernandez v (1988)
“8 The bill *220 repealed the exemptions contained in old article 3836 and recodified them at Tex. Prop.Code Ann. § 42.002 (Vernon 1984).”
Hunt v. Baldwin (2001)
“Tex. Prop.Code Ann. § 42.002(a)(10(B) (Vernon 2000) (providing twelve head of cattle are exempt as personal property).”
Caulley v. Caulley (1991)
“Tex.Prop.Code § 42.002(8) (listing current wages as one of the personal property items exempt from attachment, execution, and seizure by creditors).”
In Re Peters (1988)
“At the heart of the Fernandez opinion is the assumption that the change in language from Vernon’s Annotated Texas Statute, Articles 3832 and 3836 to Texas Property Code § 42.002(3)(C), (from “wearing apparel” to “clothing”), was a substantive change to a narrower definition of…”
Schmerbeck v. River Oaks Bank (1990)
“004 (Vernon 1986), [2] and Tex.Prop.Code Ann. § 42.002(8) (Vernon 1984).”
In Re Swift (1991)
“See Tex.Prop.Code, § 42.002(3)(B). The precise wording of the statute invoked by the debtor is “tools, equipment, books and apparatus .”
In Re Weiss (1988)
“The property eligible for this exemption is listed in Tex.Prop.Code Ann. § 42.002 (Vernon 1984), a copy of which is attached.”
— Tex. Prop. Code § 42.002(1) — 2 cases
In Re Leva (1989)
“Tex.Prop.Code, § 42.002. Finally, within some categories, a debtor is further restricted to keeping items only to the extent they are reasonably necessary.”
In the Matter of Francisco A. Fernandez and Maura M. Fernandez, Debtors. Francisco A. Fernandez and Maura M. Fernandez v (1988)
“8 The bill *220 repealed the exemptions contained in old article 3836 and recodified them at Tex. Prop.Code Ann. § 42.002 (Vernon 1984).”
— Tex. Prop. Code § 42.002(12) — 3 cases
Roosth v. Roosth (1994)
“As to life insurance policies, Tex. Prop.Code Ann. § 42.002 provides an exemption for the following: (12) the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a…”
Leibman v. Grand (1998)
“In Roosth , for example, the court found that the appellant sufficiently established entitlement to the exemption in Tex.Prop.Code Ann. § 42.002(12)(Vemon Supp.”
In Re Borchers (1996)
— Tex. Prop. Code § 42.002(2) — 1 case
In Re Erwin (1996)
— Tex. Prop. Code § 42.002(3) — 2 cases
In the Matter of Francisco A. Fernandez and Maura M. Fernandez, Debtors. Francisco A. Fernandez and Maura M. Fernandez v (1988)
“8 The bill *220 repealed the exemptions contained in old article 3836 and recodified them at Tex. Prop.Code Ann. § 42.002 (Vernon 1984).”
In Re Baldowski (1996)
— Tex. Prop. Code § 42.002(3)(B) — 7 cases
In Re Swift (1991)
“See Tex.Prop.Code, § 42.002(3)(B). The precise wording of the statute invoked by the debtor is “tools, equipment, books and apparatus .”
In Re Leva (1989)
“Tex.Prop.Code, § 42.002. Finally, within some categories, a debtor is further restricted to keeping items only to the extent they are reasonably necessary.”
In Re Weiss (1988)
“The property eligible for this exemption is listed in Tex.Prop.Code Ann. § 42.002 (Vernon 1984), a copy of which is attached.”
In Re Hernandez (1991)
In Re Nash (1992)
— Tex. Prop. Code § 42.002(3)(C) — 5 cases
In Re Peters (1988)
“At the heart of the Fernandez opinion is the assumption that the change in language from Vernon’s Annotated Texas Statute, Articles 3832 and 3836 to Texas Property Code § 42.002(3)(C), (from “wearing apparel” to “clothing”), was a substantive change to a narrower definition of…”
In Re Leva (1989)
“Tex.Prop.Code, § 42.002. Finally, within some categories, a debtor is further restricted to keeping items only to the extent they are reasonably necessary.”
In the Matter of Francisco A. Fernandez and Maura M. Fernandez, Debtors. Francisco A. Fernandez and Maura M. Fernandez v (1988)
“8 The bill *220 repealed the exemptions contained in old article 3836 and recodified them at Tex. Prop.Code Ann. § 42.002 (Vernon 1984).”
In Re Mitchell (1989)
In Re Reed (1988)
— Tex. Prop. Code § 42.002(3)(E) — 1 case
In Re Payton (1987)
— Tex. Prop. Code § 42.002(4) — 1 case
In Re Weiss (1988)
“The property eligible for this exemption is listed in Tex.Prop.Code Ann. § 42.002 (Vernon 1984), a copy of which is attached.”
— Tex. Prop. Code § 42.002(7) — 2 cases
In Re Brothers (1988)
In Re Wilkinson (2009)
— Tex. Prop. Code § 42.002(8) — 7 cases
Caulley v. Caulley (1991)
“Tex.Prop.Code § 42.002(8) (listing current wages as one of the personal property items exempt from attachment, execution, and seizure by creditors).”
Schmerbeck v. River Oaks Bank (1990)
“004 (Vernon 1986), [2] and Tex.Prop.Code Ann. § 42.002(8) (Vernon 1984).”
Schultz v. Cadle Co. (1992)
— Tex. Prop. Code § 42.002(a) — 6 cases
Hunt v. Baldwin (2001)
“Tex. Prop.Code Ann. § 42.002(a)(10(B) (Vernon 2000) (providing twelve head of cattle are exempt as personal property).”
In Re Nash (1992)
In Re Neal (1992)
In Re Davis (1992)
— Tex. Prop. Code § 42.002(a)(1) — 3 cases
FNFS, Ltd. v. Harwood (In Re Harwood) (2009)
“Thus, the Court concludes that the Amended Objections to Exemptions filed by FNFS and B & W should be sustained in part and denied in part and that the Debtor’s claims of exemption under Tex. PROP.Code § 42.002(a)(1) & (8) are hereby denied as to the following items: photo…”
In Re Harwood (2009)
In Re Wilkinson (2009)
— Tex. Prop. Code § 42.002(a)(10)(A) — 1 case
— Tex. Prop. Code § 42.002(a)(12) — 4 cases
In Re Scott (1996)
In Re Borchers (1996)
In Re Bowes (1993)
In Re Atkins (1997)
— Tex. Prop. Code § 42.002(a)(3) — 3 cases
In Re Duvall (1998)
In re Pearson (2017)
— Tex. Prop. Code § 42.002(a)(4) — 14 cases
Leibman v. Grand (1998)
“In Roosth , for example, the court found that the appellant sufficiently established entitlement to the exemption in Tex.Prop.Code Ann. § 42.002(12)(Vemon Supp.”
In Re Nash (1992)
In Re Duvall (1998)
In Re Neal (1992)
— Tex. Prop. Code § 42.002(a)(7) — 3 cases
In re Parsons (2014)
In Re Brown (1996)
In Re Wilkinson (2009)
— Tex. Prop. Code § 42.002(a)(8) — 3 cases
FNFS, Ltd. v. Harwood (In Re Harwood) (2009)
“Thus, the Court concludes that the Amended Objections to Exemptions filed by FNFS and B & W should be sustained in part and denied in part and that the Debtor’s claims of exemption under Tex. PROP.Code § 42.002(a)(1) & (8) are hereby denied as to the following items: photo…”
In Re Harwood (2009)
— Tex. Prop. Code § 42.002(a)(9) — 3 cases
Leibman v. Grand (1998)
“In Roosth , for example, the court found that the appellant sufficiently established entitlement to the exemption in Tex.Prop.Code Ann. § 42.002(12)(Vemon Supp.”
In re Gilica (2015)
— Tex. Prop. Code § 42.002(b) — 1 case
In Re Zimmel (1995)
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