NOTE: Federal Bankruptcy exemptions ARE available for Texan filers.  But filers must claim either federal bankruptcy exemptions or state ones – no mixing and matching between the two systems.

Homestead

Unlimited amount for homestead exemption. However, the property claimed cannot be 10 acres in urban (town, village, city) setting or 100 acres (200 acres for families) elsewhere.  Sales proceeds from a homestead property are exempt for 6 months. To claim a homestead exemption, one must file a homestead declaration; if you do not, the court will file one on your behalf and charge you for it.

Personal Property

[NOTE: Texas aggregates personal property exemptions to a limit of $60,000 per family, $30,000 for a single adult – also includes tools of trade such as farm equipment and motor vehicles used for trade (see "Miscellaneous" below)]

The following items are wholly exempt and does not count towards the aggregate limit cited above:

• Bible or other book containing sacred writings of a religion
• Burial plots
• Health aids

The following personal property may be exempt, either wholly or up to the dollar amount given, and do count towards the aggregate total cited above:

• Athletic and sporting equipment, including bicycles
• Clothing and food
• Health savings accounts
• Home furnishings including family heirlooms
• Jewelry (capped at 25% of total exemption)
• Pets/domestic animals and their food:
• 2 horses, mules or donkeys & tack
• 12 head of cattle
• 60 head of other livestock
• 120 poultry
• Single 2-, 3-, or 4-wheeled motor vehicle per family member or single adult with driver’s license (or if not licensed, relies on someone else to operate the vehicle)
• 2 firearms

Insurance

• Life, health, accident or annuity benefits, monies, policy proceeds & cash values due or paid to beneficiary or insured
• Church benefit plan benefits
• Fraternal benefit society benefits
• Texas employee uniform group insurance
• Texas public school employee group insurance
• Texas state college or university employee benefits

Pensions (note: tax-exempt retirement accounts such as 401(k)s, 403(b)s, defined benefit plans, and traditional and Roth IRAs up to $1,095,000 are exempt under federal law)

• ERISA-qualified government or church benefits, including Keoghs and IRAs
• Retirement benefits to the extent they are tax-deferred
• Pensions for the following occupations are exempt under TX law:
  
  • County and district employees
  • Firefighters
  • Judges
  • Municipal employees, elected officials and state employees
  • Police officers
  • Survivors of law enforcement officers, firefighters and emergency medical personnel
  • Teachers

Public Benefits

• Crime victims’ compensation
• Medical assistance
• Public assistance
• Unemployment benefits
• Workers’ compensation

Miscellaneous

• Wages:
  
  •  Earned but unpaid wages
  • Unpaid commissions not to exceed 25% of total personal property exemptions (see above)
• Alimony and child support
• Higher education savings plan trust account
• Liquor licenses and permits
• Prepaid tuition plans
• Property of business partnerships
• Farming or ranching vehicles and implements (counts in the aggregate limits for personal property)
• Tools, equipment (including boat and motor vehicles used in trade) and books (counts in the aggregate limits for personal property)

Texas Exemption Statutes 

Real Property Exemptions

Prop. Code 41.001, 41.002; Constitution Art. 16 Sec. 50, Sec. 51 homestead, unlimited; property cannot exceed 10 acres in town, village, city or 100 acres (200 for families) elsewhere; sales proceeds exempti for 6 ontsh after sale (renting okay if another home is not acquired Prop. 41.003)

Prop. Code 41.005(f); 41.021-41.023 Must file homestead declaration, or court will file it for you and charge you for doing so.

Personal Property Exemptions

Prop Code 42.001(b)(3) Alimony & Child Support

Educ. Code 54.709(e) Higher edication savings plan trust account

Alco. Bev. Code 11.03 Liquor licenses and permits

Educ. Code 54.639 Prepaid tuition plans

TX Civ. Code 6132b-5.01 Property of business partnership

Prop Code 42.002(a)(8) Athletic and sporting equipment, including bicycles

Prop Code 42.001(b)(4) Bible or other book containing sacred writings of a religion (doesn't count toward $30,000 or $60,000 total).

Prop. Code 41.001 Burial plots (exempt from total)

Prop Code 42.002(a)(2),(5) Clothing and food

Prop Code 42.001(b)(2) Health aids (exempt from total)

Prop Code 42.0021 Health savings accounts

Prop Code 42.002(a)(1) Home furnishings including family heirlooms

Prop Code 42.002(a)(6) Jewelry (limited to 25% of total exemption)

Prop Code 42.002(a)(10),(11) Pets and domestic animals plus their food: 2 horses, mules, or donkeys and tack; 12 head of cattle; 60 head of other livestock; 120 fowl

Prop Code 42.002(a)(9) 1 two-, three-, or four-wheeled motor vehicle per family member or single adult who holds a driver's license; or, if not licensed, who relies on someone else to operate vehicle

Prop Code 42.002(a)(7) 2 firearms

Prop Code 42.002(a)(3) Farming or ranching vehicles and implements

Prop Code 42.002(a)(4) Tools, equipment (includes boat and motor vehicels used in trade), and books

Prop Code 42.001(b)(1) Earned but unpaid wages

Prop Code 42.001(d) Unpaid commissions not to exceed 25% of total personal property exemptions

Wildcard: None

Insurance Exemptions

TX Civ. Code 1407a(6) Church benefit plan benefits

Ins. Code 885.316 Fraternal benefit society benefits

Ins. Code 1108.051 Life, health, accident, or annuity benefits, monies, policy proceeds, & cash values due or paid to beneficiary or insured.

Ins. Code 1551.011 Texas employee uniform group insurance

Ins. Code 1575.006 Texas public school employees group insurance

Ins. Code 1601.008  Texas state college or university employee benefits

Retirement Benefits

11 US.C. 522(b)(3)(C) Tax-exempt retirement accounts, including 401(k)s, 403(b)s, profit-sharing and money purchase plans. SEP and SIMPLE IRA's, and defined-benefit plans

11 US.C. 522(b)(3)(C);(n) Traditional and Roth IRAa to $1,095,000 per person

Govt Code 615.005 Law enforcement officers, firefighters, emergency medical personnel survivors

Govt Code 811.006 County and district employees

Prop Code 42.0021 ERISA-qualified government or church benefits, inlcuding Keoghs and IRAs

TX Civ. Code 6243e(5); 6243a-1(8.03); 6243b(15); 6243e(5); 6243e.1(1.04) Firefighters

Govt Code 831.004 Judges

TX Civ. Code 6243h(22); Govt Code 811.005 Municipal employees and elected officials, state employees

TX Civ. Code 6243d-1(17); 6243j(20); 6243a-1(8.03); 6243b(15); 6243d-1(17) Police Officers

Prop Code 42.0021 Retirement benefits to extent tax-deferred

Govt Code 821.005 Teachers

Public Benefits

Code Crim. Proc 56.49 Crime victims' compensation

Hum Res. Code 32.036 Medical assistance

Hum. Res. Code 31.040 Public assistance

Labor Code 408.201 Workers' compensation

Labor Code 207.075 Unemployment compensation

Please note: Laws may have changed since our last update. For the latest publication, please visit the state legislature sites directly, or speak with a bankruptcy attorney near you.