Texas has some of the most generous exemption laws in the nation, especially for homestead. As an opt-out state, federal exemptions aren’t an option here. If you’re filing Chapter 7 or Chapter 13, the exemptions below will determine how much property you can shield from creditors. We’ve compiled a list of primary Texas exemptions for quick reference.
| Category | Statute | Amount / Details | Notes |
|---|---|---|---|
| Homestead | Tex. Const. Art. XVI, § 50; Tex. Prop. Code §§ 41.001+ | Unlimited equity* | *Acreage: up to 10 acres (urban) or 100 (rural single), 200 (rural family). |
| Personal Property | Tex. Prop. Code § 42.001 | Up to $50,000 (single) / $100,000 (family) | Clothing, furniture, tools, firearms, etc. |
| Motor Vehicle | Tex. Prop. Code § 42.002(9) | One vehicle per licensed household member | Equity typically counted under personal property cap if single. |
| Retirement / Pension | Tex. Prop. Code § 42.0021 | Fully exempt | IRAs, 401(k)s, pension plans, etc. |
| Wages | Tex. Const. Art. XVI, § 28 | 100% exempt from garnishment (some exceptions) | Child support, IRS levies can still apply. |
| Insurance Benefits | Tex. Ins. Code §§ 1108 et seq. | Exempt in most cases | Life insurance proceeds, annuity benefits typically safe. |
| College Savings (529 Plans) | Tex. Prop. Code § 42.0022 | Exempt if designated for beneficiary | Must be in qualified tuition program. |
| Tools of Trade | Tex. Prop. Code § 42.001(a)(2) | Included under personal property limit | Items needed for a profession or trade. |
Remember to check for residency duration requirements if claiming the full homestead exemption. For the latest updates, consult the official Texas statutes or a local attorney.
- Texas Constitution, Article XVI
- Texas Property Code
- Title 11 of the U.S. Code: Federal Bankruptcy Laws
Disclaimer: This comprehensive list is for reference only. Exemptions change periodically, and this information may not be up-to-date. Always seek guidance from a licensed Texas bankruptcy attorney to verify accurate exemption amounts and eligibility.